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Resolution Of March 7, 2016, The General Technical Secretariat, Which Published The Updated Version And In Force, From January 1, 2015, Of The World Anti-Doping Code, Appendix 1 To The International Convention Against Doping...

Original Language Title: Resolución de 7 de marzo de 2016, de la Secretaría General Técnica, por la que se publica la versión actualizada y en vigor, desde el 1 de enero de 2015, del Código Mundial Antidopaje, Apéndice 1 de la Convención Internacional contra el dopaje ...

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TEXT

WORLD ANTI-DOPING CODE

INDEX

Purpose, scope and organization of the World Anti-Doping Program and code.

The Code.

The World Anti-Doping Program.

International standards.

Best practice models and guidelines.

Fundamentals of the World Anti-Doping Code.

Part One. Doping control.

Introduction.

Article 1. Definition of doping.

Article 2. Infraction of anti-doping rules.

2.1 The presence of a prohibited substance or its metabolites or markers in the sample of a sportsman.

2.2 Use or attempted use by a sportsman of a prohibited substance or a prohibited method.

2.3 Avoid, reject, or default the obligation to submit to the collection of samples.

2.4 Incompliance with the location/whereabouts of the athlete.

2.5 Manipulation or attempted manipulation of any part of the doping control process.

2.6 Possession of a prohibited substance or a prohibited method.

2.7 Traffic or attempted traffic of any prohibited substance or prohibited method.

2.8 Administration or attempted administration in competition to a sportsman of a prohibited substance or prohibited method or administration or attempt to administer any sportsman out of competition of any substance prohibited or any prohibited method which is prohibited outside competition.

2.9 Complicity.

2.10 Banned Association.

Article 3. Doping test.

3.1 Load and degree of test.

3.2 Means to establish facts and assumptions.

Article 4. The list of bans.

4.1 Publication and review of the list of prohibitions.

4.2 prohibited substances and prohibited methods identified in the list of prohibitions.

4.3 Criteria for the inclusion of substances and methods in the list of prohibitions.

4.4 Therapeutic Use Authorizations (AUT).

4.5 Monitoring Program.

Article 5. Controls and investigations.

5.1 Purpose of controls and investigations.

5.2 Scope of controls.

5.3 Performing controls on an event.

5.4 Planning for the distribution of controls.

5.5 Rules for controls.

5.6 Information on the location/whereabouts of the athlete.

5.7 Return to the competition of retired athletes.

5.8 Investigations and collection of information.

Article 6. Analysis of the samples.

6.1 Using accredited and approved labs.

6.2 Purpose of the analysis of the samples.

6.3 Use of samples for investigation.

6.4 Standards for sample analysis and communication.

6.5 New analysis of a sample.

Article 7. Managing results.

7.1 Competence to perform results management.

7.2 Review of adverse analytical results.

7.3 Notification at the end of review on adverse analytical results.

7.4 Review of outliers.

7.5 Review of outliers in the passport and adverse results in the passport.

7.6 Review of breaches regarding the location/whereabouts of the athlete.

7.7 Review of other violations of anti-doping rules that do not cover articles from 7.1 to 7.6.

7.8 Identification of violations of previous anti-doping rules.

7.9 Principles applicable to interim suspensions.

7.10 Notification of results management decisions.

7.11 Withdrawal from sport.

Article 8. Right to a fair trial and notification of the opinion of the hearing.

8.1 Fair Trial.

8.2 Events Audiences.

8.3 Renunciation to judgment.

8.4 Notification of decisions.

8.5 Single hearing before the TAD.

Article 9. Automatic override of the individual results.

Article 10. Individual sanctions.

10.1 Annulment of the results in the event during which the anti-doping rule violation takes place.

10.2 Suspensions by presence, use or intent of use, or possession of a prohibited substance or prohibited method.

10.3 Suspension for other violations of anti-doping rules.

10.4 Elimination of the suspension period in the absence of fault or negligence.

10.5 Reduction of the suspension period based on the absence of significant fault or negligence.

10.6 Elimination, reduction or suspension of the suspension period or other consequences for reasons other than guilt.

10.7 Multiple Infraactions.

10.8 Annulment of results in post-collection competitions or the commission of an infringement of the anti-doping rules.

10.9 Reimbursement of the costs awarded by the TAD and the prizes obtained fraudulently.

10.10 Economic Consequences.

10.11 Start of the suspension period.

10.12 Status during a suspension.

10.13 Automatic publication of the penalty.

Article 11. Penalties for teams.

11.1 Team Sports Controls.

11.2 Consequences for team sports.

11.3 The body responsible for the event will be able to impose more stringent consequences for team sports.

Article 12. Penalties for sports organisations.

Article 13. Appeals.

13.1 Decisions subject to appeal.

13.2 Appeals for decisions regarding violations of anti-doping rules, provisional consequences and suspensions, recognition of decisions and jurisdiction.

13.3 No issue of the anti-doping organization's decision within the time limit set.

13.4 Appeals Relating to AUTs.

13.5 Notification of appeal decisions.

13.6 Appeals of decisions taken under the third and fourth parts of the code.

13.7 Appeals for decisions on the suspension or revocation of the accreditation of a laboratory.

Article 14. Confidentiality and communication.

14.1 Information on adverse analytical results, outliers, and other potential violations of anti-doping rules.

14.2 Notification of decisions regarding violations of anti-doping rules and application for documentation.

14.3 Public Disclosure.

14.4 Statistics Communication.

14.5 Information Center on Doping Control.

14.6 Confidentiality of data.

Article 15. Application and recognition of decisions.

Article 16. Control of the doping of animals participating in sports competitions.

Article 17. Limitation period.

Part II. Education and research.

Article 18. Education.

18.1 Basic principle and primary objective.

18.2 Programs and Activities.

18.3 Codes of professional conduct.

18.4 Coordination and cooperation.

Article 19. Research.

19.1 Purpose and objectives of anti-doping research.

19.2 Types of research.

19.3 Coordination of research and sharing of results.

19.4 Research practices.

19.5 Research using prohibited substances and prohibited methods.

19.6 Misuse of results.

Part Three. Roles and responsibilities.

Article 20. Additional roles and responsibilities of the signatories.

20.1 Roles and responsibilities of the international Olympic committee.

20.2 Roles and responsibilities of the international Paralympic committee.

20.3 Roles and responsibilities of international federations.

20.4 Roles and responsibilities of the National Olympic Committees and National Paralympic Committees.

20.5 Roles and responsibilities of national anti-doping organizations.

20.6 Roles and responsibilities of organizations responsible for large events.

20.7 Roles and responsibilities of the ama.

Article 21. Additional roles and responsibilities of athletes and other people.

21.1 Roles and responsibilities of athletes.

21.2 Roles and responsibilities of people supporting athletes.

21.3 Roles and responsibilities of regional anti-doping organizations.

Article 22. Involvement of governments.

Part four. Acceptance, compliance, modification and interpretation.

Article 23. Acceptance, compliance and modification.

23.1 Acceptance of the code.

23.2 Implementation of the code.

23.3 Implementation of anti-doping programs.

23.4 Code compliance.

23.5 Monitoring of the compliance of the code and the UNESCO convention.

23.6 Additional Consequences of Code Non-compliance by a signatory.

23.7 Modification of the code.

23.8 Withdrawal of code acceptance.

Article 24. Interpretation of the code.

Article 25. Transitional provisions.

25.1 General application of the 2015 code.

25.2 Non-retroactivity, except for items 10.7.5 and 17 or unless the "lex mitior" principle applies.

25.3 Application to decisions issued before the 2015 code.

25.4 Multiple infractions in which the first infringement occurred prior to January 1, 2015.

25.5 Additional amendments to the code.

Appendix 1. Definitions.

Appendix 2. Examples of application of Article 10.

PURPOSE, SCOPE AND ORGANIZATION OF THE WORLD ANTI-DOPING PROGRAM AND CODE

The purposes of the World Anti-Doping Code and the World Anti-Doping Program in which it is framed are:

• To protect the fundamental right of the Sportsmen to participate in sports activities free of doping, to promote health and to guarantee in this way the equity and equality in sport for all the Sportsmen of the world;

• Ensure the harmonisation, coordination and effectiveness of anti-doping programmes at international and national level with regard to the detection, deterrence and prevention of doping.

[Comment: Both the Olympic Charter and the 2005 International Convention against Doping in Sport adopted in Paris on October 19, 2005 ("UNESCO Convention") point out that the prevention and fight against doping In sport they are an essential aspect of the mission of the International Olympic Committee and UNESCO, as well as recognising the fundamental role of the Code.]

The Code.

The Code is the fundamental and universal document on which the World Anti-Doping Programme is based. The purpose of the Code is to promote the fight against doping through the universal harmonisation of the main elements related to the anti-doping fight. The Code is sufficiently precise to achieve full harmonisation on issues where uniformity is required, although generally enough in other areas to allow for some flexibility as regards the way in which it is apply the accepted anti-doping principles. The Code has been drafted with due regard to the principles of proportionality and human rights.

The World Anti-Doping Program.

The World Anti-Doping Programme covers all the elements needed to achieve optimal harmonisation of anti-doping programmes and good practices at national and international level. Its main elements are as follows:

Level 1: The Code.

Level 2: International Standards.

Level 3: Best practice models and guidelines.

International Standards.

International Standards for the various technical and operational areas within the World Anti-Doping Program have been developed and developed through consultations with the Signatories and Governments, and approved by the AMA. The purpose of International Standards is to achieve harmonisation between the Anti-Doping Organisations responsible for the specific technical and operational parts of anti-doping programmes. Respect for International Standards is mandatory for compliance with the Code. The AMA Executive Committee may review the International Standards in due course after consulting the Signatories, Governments and other relevant stakeholders in an appropriate manner. International Standards and any updates will be posted on the AMA website and will take effect on the date indicated in the International Standards or in the update.

[Comment: International Standards contain much of the technical details required for the implementation of the Code. International Standards shall be developed by experts after consultation with the Signatories, Governments and other relevant stakeholders and shall be indicated in separate documents. It is important that the AMA Executive Committee can make immediate changes to the International Standards without requiring a modification of the Code.]

Best practice models and guidelines.

Good practice models and guidelines based on the International Code and Standards to provide solutions to the various areas of anti-doping have been developed and will continue to be developed. These models and guidelines will be recommended by the AMA and will be available to the Signatories and other relevant stakeholders, but will not be required. In addition to the documentation, the AMA may also make available to the Signatories assistance for training.

[Comment: These standard documents will be able to provide alternatives between which the interested parties will be eligible. Some stakeholders will choose to adopt these models and other models of good practice at the letter. Others will decide to adopt the models by reserving the possibility of making modifications. Other stakeholders shall develop even their own standards, in accordance with the general principles and specific requirements set out in the Code.

Type documents or guidelines for specific areas of anti-doping work have been developed and may continue to be developed on the basis of the generally recognised needs and expectations of stakeholders.]

FUNDAMENTALS OF THE WORLD ANTI-DOPING CODE

Anti-doping programs aim to protect the intrinsically valuable sport. This intrinsic value is often called "sporting spirit". It is the very essence of Olympism, the pursuit of human excellence through the perfecting of each person's natural talents. It's fair play. The spirit of sport is the celebration of the human spirit, the body and the mind, reflected in values that we find in sport, such as:

• Ethics, fair play and honesty.

• Health.

• Excellence in performance.

• Character and education.

• Joy and fun.

• Teamwork.

• Dedication and commitment.

• Respect for rules and laws.

• Respect to oneself and to the other Participants.

• Valentia.

• Spirit of group and solidarity.

Doping is contrary to the very essence of the spirit of sport.

To be able to fight doping by promoting the spirit of sport, the Code requires every Anti-Doping Organisation to develop and implement education and prevention programmes for Sportsmen, including young people, and the Support staff for the Sportsmen.

FIRST PART

Doping control

Introduction

The first part of the Code sets out the specific anti-doping rules and principles that must be followed by the organisations responsible for adopting, implementing and enforcing the anti-doping rules in their respective jurisdictions. to say, the International Olympic Committee, the International Paralympic Committee, the International Federations, the National Olympic and Paralympic Committees, the Responsible Organizations of Great Events and the National Anti-Doping Organizations. All these organisations will henceforth be called the Anti-Doping Organisations.

All provisions of the Code are binding in essence and must be complied with as appropriate by each Anti-Doping Organization, by the Sportsmen and by other Persons. This Code, however, does not replace or eliminate the need for specific anti-doping rules to be adopted by each Anti-Doping Organisation. While some of the provisions of the Code should be adopted without substantial changes for each of the Anti-Doping Organisations in their respective regulations, other provisions of the Code lay down guiding principles which they grant certain flexibility for each Anti-Doping Organisation in the wording of its regulations, or specify the requirements which the Anti-Doping Organisations must respect without having to compulsorily collect these provisions in their regulations.

[Comment: Those articles of the Code to be incorporated into the regulation of Anti-Doping Organizations without substantial changes are set out in Article 23.2.2. For example, it is of vital importance for the purposes of harmonisation that the Signatories base their decisions on the same list of infringements of the anti-doping rules, on the same burden of proof and that the Consequences are the same before the same. infringements of the anti-doping rules. These rules must be the same whether the procedure is developed before the International Federation, at national level, or before the Court of Arbitration for Sport (TAD).

The provisions of the Code not listed in Article 23.2.2 remain binding in essence even if a Anti-Doping Organisation is not required to incorporate them into the letter. These provisions are generally of two types. Firstly, some call on the Anti-Doping Organisations to take certain measures, but it is not necessary to include that provision within the organisation's own anti-doping rules. For example, each Anti-Doping Organization should plan and carry out Controls as provided for in Article 5, but it is not necessary for these guidelines for the Anti-Doping Organization to be repeated in that organization's own rules. Second, some provisions are binding in essence, but they grant each Anti-Doping Organization some flexibility in implementing the principles set out in the provision. For example, for effective harmonisation, it is not necessary to force all Signatories to use a single outcome management process or the same hearing procedure. Currently, there are several different outcomes and audience management processes that are equally effective in different International Federations and in different national agencies. The Code does not require absolute uniformity in the management of results and in the hearing procedure; however, it requires that the various approaches of the Signatories satisfy the principles stated in the Code.]

Anti-doping rules, as well as the rules of competition, define the conditions under which sport is to be practised. Sportspersons or other persons undertake to accept these rules as a condition for their participation and must abide by these rules. Each Signatory shall be provided with rules and procedures to ensure that all Sportsmen and other Persons under their authority, as well as their member organisations, are informed of the existing anti-doping rules of the Organization. Appropriate anti-doping, and agree to abide by them.

Each Signatory must establish rules and procedures to ensure that all Sportsmen or other Persons under their authority and that of their member organizations consent to the dissemination of their personal data. when this is required or authorized by the Code, they are bound and respect the anti-doping rules of the Code, and that the appropriate Consequences are imposed on those Sportsmen or other Persons who do not comply. These specific rules and procedures for sport, which aim to apply the anti-doping rules in a comprehensive and harmonised way, have a different nature to criminal and civil proceedings. They are not subject to or limited by any requirement or national legal standard applicable to such procedures, even if they are to be applied in a way that respects the principles of proportionality and human rights. In reviewing the facts and legislation on a specific case, all courts of justice, the arbitration courts of experts and bodies with powers to decide, must be aware and respect the different nature of the rules. Code anti-doping and the fact that these rules represent the consensus of a wide spectrum of stakeholders from around the world who care about the sport being clean.

Article 1. Definition of doping.

Doping is defined as the commission of one or more infringements of the anti-doping rules as provided for in Article 2.1 to Article 2.10 of the Code.

Article 2. Infraction of anti-doping rules.

The purpose of this article is to specify the circumstances and conduct that constitute violations of the anti-doping rules. The hearings in the case of doping shall be conducted on the basis of the finding that one or more of these specific rules have been infringed.

Both sportspersons and other persons should be responsible for knowing what constitutes an infringement of the anti-doping rules and the substances and methods included in the Bans List.

Constitute violations of anti-doping rules:

2.1 The presence of a Prohibited Substance or its Metabolites or Bookmarks in the Sample of a Sportsman.

2.1.1 It is a personal duty of every Sportsman to ensure that no banned substance is introduced into your body. Sportsmen and women are responsible for the presence of any banned substances, their metabolites or their markers, which are detected in their samples. It is therefore not necessary to demonstrate intent, culpability, negligence or conscious use by the Sportsman to determine that an infringement of the anti-doping rules has occurred in accordance with the provisions of Article 2.1.

[Comment on Article 2.1.1: The violation of the anti-doping rules referred to in this article exists independently of the Culpability of the Sportsman. This rule has been referred to as "Objective Responsibility" in various TAD decisions. The Guilt of the Sportsman is taken into consideration when determining the Consequences of this infringement of the anti-doping rules in accordance with Article 10. This principle has had the permanent backing of the TAD.]

2.1.2 There will be sufficient evidence of infringement of the anti-doping rules under Article 2.1 either of the following circumstances: presence of a Prohibited Substance or its Metabolites or Bookmarks in Sample A of the Sportsperson when he renounces the analysis of Sample B and is not analyzed; or, when the B sample of the Sportsman is analyzed and such analysis confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the Sample A of the Sportsman; or when the B sample of the Sportsman is divided into two bottles and the analysis of the the second bottle confirms the presence of the banned substance or its metabolites or markers found in the first bottle.

[Comment on Article 2.1.2: The Anti-Doping Organization responsible for managing results may, according to its criteria, decide to analyze the B sample even if the Sportsman does not request the analysis of the sample. sample.]

2.1.3 Except for substances for which a limit of quantification is specifically identified in the Bans List, the presence of any quantity of a Prohibited Substance, its Metabolites or Markers in a Sample of a Sportsman will constitute an infringement of the anti-doping rules.

2.1.4 As an exception to the general rule of Article 2.1, the Bans List or International Standards may provide for special criteria for the assessment of prohibited substances which may also be produced from endogenous way.

2.2 Use or Intent of Use by a Sportsman of a Prohibited Substance or a Forbidden Method.

[Comment on Article 2.2: In all cases, the Use or Intent of Use of a Prohibited Substance or Forbidden Method can be determined by any reliable means. As stated in the Commentary to Article 3.2, unlike the evidence required to establish the existence of an infringement of the anti-doping rules under Article 2.1, the Use or Intent of Use may be established by other reliable means, For example, the Confession of the Sportsman, witness statements, documentary evidence, conclusions obtained from the longitudinal profiles, including the data collected as part of the Biological Passport of the Sportsman, or others analytical data that would otherwise not meet all the requirements to demonstrate the 'Presence' of a Prohibited Substance according to Article 2.1.

For example, use can be determined from reliable analytical data obtained after analysis of a Sample A (without confirmation of sample B analysis), or from the analysis of a sample B alone, provided that where the Anti-Doping Organisation provides a satisfactory explanation of the absence of confirmation obtained with the other Sample.]

2.2.1 It is a personal duty of the Sportsman to ensure that no banned substance enters his/her body and that no prohibited Method is used. Therefore, it is not necessary to demonstrate intent, culpability, negligence or conscious use by the Sportsman to determine that there has been an infringement of the anti-doping rules for the Use of a Prohibited Substance or Method Prohibited.

2.2.2 The success or failure in the Use or Intent of Use of a Prohibited Substance or of a Forbidden Method is not a determining issue. In order to be deemed to have committed an infringement of the anti-doping rule, it is sufficient that it has been used or attempted to use the Forbidden Substance or the Forbidden Method.

[Comment on Article 2.2.2: Demonstrating the "Intent of Use" of a Prohibited Substance or a Forbidden Method may require proof of intent on the part of the Sportsman. The fact that the intention to prove this particular infringement of the anti-doping rule may be needed does not undermine the principle of the Objective Liability established for infringements of Articles 2.1 and 2.2 in respect of the Use of Substances Prohibited or prohibited Methods.

The use by the Sportsman of a Prohibited Substance will constitute an infringement of the anti-doping rule, unless that substance is not prohibited Outside of Competition and its Use by the Sportsman takes place Outside of Competition. (However, the presence of a Prohibited Substance or its Metabolites or Markers in a Sample Obtained On Request constitutes an infringement of Article 2.1, regardless of when the substance may have been administered to it.]

2.3 Avoid, reject, or breach the obligation to submit to the collection of Samples.

Avoid collection of Samples or, without valid justification, reject or breach the obligation to submit to the collection of Samples following a notification made in accordance with the relevant anti-doping rules.

[Comment on Article 2.3: For example, it would be a violation of the anti-doping rule to "avoid the collection of Samples" if it was established that a Sportsman is deliberately avoiding a control officer of the Doping in order not to be notified or not to undergo control. An infringement of "failure to comply" with the obligation to submit to a sample collection may be based on intentional or negligent conduct of the Sportsman, while "avoiding" or "rejecting" a collection indicates intentional conduct by part of the Sportsman.]

2.4 Incompliance with the location/whereabouts of the Sportsman. Any combination of three failed controls and/or breaches of duty to provide location/whereabouts data, as defined in the International Standard for Controls and Investigations, within a period of twelve months, by a Sportsperson of the Registered Control Group.

2.5 Tampering or Handling of any part of the Doping Control process.

Any conduct that alters the doping control process but is not otherwise included in the definition of prohibited methods. The term 'Manipulation' shall include, inter alia, hindering or attempting to obstruct a Doping Control Officer, the handing over of fraudulent information to an Anti-Doping Organisation or the intimidation or attempted intimidation of a potential witness.

[Comment on Article 2.5: For example: this article also prohibits the manipulation of identification codes in a Control of Doping in Control form, destroying the B bottle at the time of the analysis of Sample B or modify a Sample by adding an external substance.

Any offensive conduct towards a Doping Control Officer or other Person involved in the Control of Doping that does not constitute a Manipulation shall be contemplated in the disciplinary regulations of the organisations sports.]

2.6 Possession of a Prohibited Substance or a Forbidden Method.

2.6.1 The Possession by a Sportsman in Competition of any Prohibited Substance or Forbidden Method, or the Possession Out of Competition by the Sportsman of any Prohibited Substance or Forbidden Method Outside of Competition, unless the Sportsman proves that this Possession corresponds to a Therapeutic Use Authorization (AUT) granted in accordance with the provisions of Article 4.4 or other acceptable justification.

2.6.2 Possession in Competition by a Person of Support to the Sportsman of any Prohibited Substance or Forbidden Method, or the Possession Out of Competition by the Person of Support to the Sportsman of any Prohibited Substance or Forbidden Method Outside of Competition in relation to a Sportsman, Competition or training, unless the Person of Support to the Sportsman can establish that the Possession is due to an AUT granted to a Sportsman as per the provided for in Article 4.4 or other acceptable justification.

[Comment on Articles 2.6.1 and 2.6.2: It would not constitute an acceptable justification, for example, to buy or to Possess A Prohibited Substance in order to provide it to a friend or family member, except in medical circumstances. justifiable in which that person has a medical prescription, such as buying Insulin for a diabetic child.]

[Comment on Article 2.6.2: Among the acceptable justifications could include, for example, the fact that a team doctor carries prohibited Substances to deal with serious and emergency situations.]

2.7 Traffic or Traffic Attempt of any Prohibited Substance or Forbidden Method.

2.8 Administration or Intent of Administration In Competition to a Sportsman of a Prohibited Substance or Forbidden Method or Administration or Intent of Administration to any Sportsman Outside of Competition of any Substance Prohibited or any Forbidden Method that is prohibited Outside of Competition.

2.9 Complicity.

Assisting, encouraging, assisting, inciting, collaborating, conspiring, covering up or any other intentional complicity in connection with an infringement of the anti-doping rules or any attempt to breach the anti-doping rules or infringement of Article 10.12.1 by another Person.

2.10 Banned Association.

The association of a Sportsman or other Person subject to the authority of an Anti-Doping Organization, as a professional or other sport-related quality, with any Person of Support to the Sportsman who:

2.10.1 If you are subject to the authority of an Anti-Doping Organization, you are serving a suspension period;

2.10.2 If you are not subject to the authority of a Anti-Doping Organization, and when the Suspension has not been addressed in a results management process contemplated in the Code, you have been convicted or found guilty in a criminal, disciplinary or professional proceedings for having engaged in conduct constituting an infringement of the anti-doping rules if the said person had been applied to the Code. The disqualification status of such Person shall remain in force for a period of six years from the adoption of the criminal, professional or disciplinary decision or while the criminal, disciplinary or professional sanction is in force;

2.10.3 Be acting as a cover or broker for a Person described in article 2.10.1 or 2.10.2.

For this provision to apply, it is necessary for the Sportsman or other Person to have been notified in advance in writing by an Anti-Doping Organization with jurisdiction over the Sportsman or other Person, or by the AMA, of the status of disqualification of the Person of Support to the Sportsman and of the potential Consequence of the prohibited association, and that the Sportsman or other Person can reasonably avoid the association. The Anti-Doping Organization will also do everything reasonably possible to communicate to the Person of Support to the Sportsman who constitutes the object of the notification sent to the Sportsman or other Person who, the Person of Support to the Sportsman can, in the 15-day period, to be submitted to the Anti-Doping Organisation to explain that the criteria described in Articles 2.10.1 and 2.10.2 do not apply to it. (Without prejudice to Article 17, this Article applies even where the conduct of disqualification of the Person in Support of the Sportsman occurred before the date of entry into force provided for in Article 25).

It shall be for the Sportsman or other Person to demonstrate that any association with the Sports Support Person described in Article 2.10.1 or 2.10.2 is not professional or not related to the sport.

Anti-Doping Organizations that have knowledge of Support Personnel to Sportsmen who meet the criteria described in Article 2.10.1, 2.10.2 or 2.10.3 shall forward such information to the AMA.

[Comment on Article 2.10: Sportsmen and Others should not work with coaches, doctors or other Sports Support Personnel who are suspended for a violation of anti-doping rules. or who have been criminally convicted or subjected to professional disciplinary measures in relation to doping. Some examples of the types of association that are prohibited are the following: obtaining counselling in relation to training, strategies, techniques, nutrition or medical aspects; obtaining therapy, treatment or prescriptions; the supply of any organic products for analysis; or the granting of permission to the Sportsman Support Person to act as an agent or representative. It is not necessary for the prohibited association to involve some kind of compensation.]

Article 3. Doping test.

3.1 Load and degree of test.

The Anti-Doping Organization will have the burden of proving that there has been an infringement of the anti-doping rules. The degree of the test must be such that the Anti-Doping Organisation which has established the infringement of the anti-doping rules will convince the court of experts to take into account the seriousness of the charge being made. The degree of the test, in any case, should be greater than a fair balance of probabilities, but less than the test beyond any reasonable doubt. Where the Code makes a person or another person who has allegedly committed an infringement of the anti-doping rules the burden of reversing such a presumption, or of establishing the existence of specific circumstances or facts, the degree of the test should be the fair balance of probabilities.

[Comment on Article 3.1: The degree of proof to which the Anti-Doping Organization must attend is similar to the standard applied in most countries for cases involving undue professional conduct.]

3.2 Means to establish facts and assumptions.

Facts relating to breaches of anti-doping rules can be proven by any reliable means, including confessions. The following test rules will apply in the case of doping:

[Comment on Article 3.2: For example, an Anti-Doping Organization may determine the existence of an infringement of the anti-doping rules under Article 2.2 from the Sportsman's confessions, from credible testimony. third parties, reliable documentary evidence, reliable analytical data from samples A or B as set out in the Comments to Article 2.2 or the conclusions drawn from the profile of a series of blood or urine samples of the Sportsman, such as data from the Sports Passport of the Sportsman.]

3.2.1 The scientific validity of the analytical methods or decision limits approved by the AMA that have been the subject of external review and consultation of the scientific community is presumed. Any Sportsman or other Person who wishes to refute this presumption of scientific validity shall, as a condition of prior to this challenge, notify the AMA of such disagreement along with the grounds of the same. The TAD, on its own initiative, will also be able to inform the AMA of this type of challenge. At the request of the AMA, the TAD panel shall appoint the scientific expert it considers appropriate to advise the panel in its assessment of the recusal. Within 10 days of receipt of such notification and of the TAD file, the AMA shall also be entitled to intervene as a party, to appear as an "amicus curiae", or to provide evidence in that procedure.

3.2.2 The AMA-accredited laboratories and other AMA approved laboratories are presumed to conduct Samples analysis and apply custody procedures that are in accordance with the International Standard for Laboratories. The Sportsman or other Person may contest this presumption by demonstrating that a deviation has occurred with respect to the International Standard for Laboratories that could reasonably have caused the Adverse Analytical Result.

If the Sportsman or other Person manages to counter the above presumption, demonstrating that a deviation has occurred with respect to the International Standard for Laboratories that could reasonably have caused the Result Adverse Analytical, then on the Anti-Doping Organization the burden of proving that this deviation could not be the origin of the Adverse Analytical Result.

[Comment on Article 3.2.2: The burden of proof corresponds to the Sportsman or other Person, who must show that, with a fair balance of probabilities, there is a deviation from the International Standard for Laboratories that could have reasonably caused the Adverse Analytical Result. If the Sportsman or other Person succeeds, it is then up to the Anti-Doping Organization to demonstrate to the satisfaction of the court of experts that this deviation has failed to cause the Adverse Analytical Result.]

3.2.3 The deviation from any other International Standard or other anti-doping rule or policy provided for in the Code or the Anti-Doping Organisation's regulation, which has not resulted in an adverse analytical result. other infringements of the anti-doping rules shall not invalidate such evidence or results. If the Sportsman or other Person proves that a deviation from another International Standard or other anti-doping rule or policy could have reasonably caused an infringement of the anti-doping rules based on an Analytical Result Adverse or other infraction of the anti-doping rules, then the Anti-Doping Organization will be responsible for establishing that this deviation is not found in the origin of the Adverse Analytical Result or in the origin of the violation of the standard antidoping.

3.2.4 The facts demonstrated by the judgment of a court or a professional disciplinary committee with competent jurisdiction which is not pending appeal shall constitute an irrefutable evidence against the Sportsman or the another Person to whom the judgment is concerned, unless the Sportsman or the other Person proves that the judgment is contrary to the principles of natural law.

3.2.5 The court of experts of a hearing on infringement of the anti-doping rules can draw a negative conclusion against the Sportsman or the other Person on which he or she is alleged to have committed an infringement of the anti-doping rules based on the refusal by the Sportsman or the other Person, after a request has been made at a reasonable time to the date of the Hearing, to appear in it (either in person or by telephone, according to indicate the court of experts) and answer questions from the court of experts or the court of Anti-doping organisation which has reported the infringement of the anti-doping rules.

Article 4. The list of bans.

4.1 Publication and Review of the Bans List.

As often as necessary, and at least annually, the AMA will publish the Bans List as well as an International Standard. The content proposed in the Bans List and all its reviews will be provided immediately in writing to all Signatories for these to comment and consult. The AMA shall immediately transmit each updated annual version of the Bans List and all modifications to each of the Signatories, laboratories accredited or approved by the AMA and governments, and to disseminate them in its entirety. Internet page. It will then be up to each of the Signatories to take the necessary steps to distribute the List to its members and affiliates. The regulation of each of the Anti-Doping Organisations must specify that, unless otherwise provided in the Bans List or in one of its revisions, the Bans List and its revisions shall enter into force for that purpose. Anti-Doping organization three months after its publication by the AMA, without the Anti-Doping Organization having to do any other procedures.

[Comment on Article 4.1: The Bans List will be reviewed and published as quickly as possible if necessary. However, for practical purposes, a new Bans List will be published every year, whether there have been changes or not. The AMA will always have published on its website the Bans List in force. The Bans List is part of the International Convention against Doping in Sport. The AMA will report to the Director-General of UNESCO on any changes made to the Bans List.]

4.2 Prohibited Substances and Prohibited Methods Identified in the Bans List.

4.2.1 Prohibited Substances and Prohibited Methods.

The Bans List will identify those prohibited Substances and Prohibited Methods at all times (both On-Demand and Off-Competition) due to their performance improvement potential in future Competitions or because of its potential masking effect, and those banned substances and methods that are only banned in competition. The Bans List may be extended by the AMA for a particular sport. Prohibited Substances and prohibited Methods may be included in the List of Bans by Category of Substances (e.g. anabolic agents) or by means of specific references to a particular substance or method.

[Comment on Article 4.2.1: Use Out of Competition of a Substance Only prohibited In Competition shall not constitute an infringement of the anti-doping rules unless the existence of an Analytical Result is communicated. Adverse of that substance or its metabolites or Bookmarks in a sample obtained In the Comppetition.]

4.2.2 Specific Substances.

For the purposes of applying Article 10, all prohibited substances shall be considered as specific substances, except those belonging to the category of anabolic substances and hormones, as well as those which are stimulating and Hormone modulators and antagonists identified as such in the Bans List. The category of Specific Substances shall not include the prohibited Methods.

[Comment on Article 4.2.2: The Specific Substances identified in Article 4.2.2 should not be considered in any way less important or less dangerous than other doping substances. On the contrary, it is simply a matter of substances for which there is a greater likelihood that a Sportsman may have consumed them with an end other than improving their sporting performance.]

4.2.3 New Prohibited Substance Types.

In the event that the AMA expands the Bans List by adding a new type of Substance prohibited pursuant to Article 4.1, the AMA Executive Committee shall decide whether any or all of the prohibited Substances Within this new type, specific substances shall be considered as specified in Article 4.2.2.

4.3 Criteria for the inclusion of substances and methods in the Bans List.

The AMA will take into account the following criteria when deciding whether to include a substance or method in the Bans List:

4.3.1 A substance or method shall be eligible for inclusion in the Bans List if the AMA, in accordance with its sole criterion, determines that the substance or method meets two of the following three criteria:

4.3.1.1 Medical or scientific evidence, pharmacological effect, or experiment, according to which the substance or method, alone or in combination with other substances or methods, has the potential to improve sports performance;

[Comment on Article 4.3.1.1: This article anticipates that there may be substances that, used alone, are not prohibited, but will be if they are used in combination with other specific substances. For substances which are added to the Bans List by the possibility of improving performance alone or in combination with another substance, this indication shall be indicated and shall be prohibited only if there is evidence of the effects of the ban. combination of both substances.]

4.3.1.2 Medical or scientific evidence, pharmacological effect or experiment, according to which the use of the substance or method poses a real or potential risk to the health of the Sportsman; or

4.3.1.3 Determination by the AMA that the use of the substance or method violates the spirit of sport described in the introduction of the Code.

4.3.2 A substance or method will also be included in the Bans List if the AMA determines that according to a medical or scientific test, pharmacological effect, or experiment, the substance or method has the potential to mask the Use of other prohibited Substances or Prohibited Methods.

[Comment on Article 4.3.2: As part of the annual process all Signatories, Governments and other interested persons are invited to address their comments to the AMA on the content of the Bans List.]

4.3.3 The determination by the AMA of the prohibited Substances and the prohibited Methods to be included in the Bans List, the classification of the substances in the categories of such list, and the classification of a substance as prohibited, provided that the substance or method is not a masking agent or another person based on the fact that the substance or method is not a masking agent or does not have the potential to improve sports performance, represents a health risk or violates the spirit of sport.

4.4 Therapeutic Use (AUT) Authorizations.

4.4.1 The presence of a Prohibited Substance or its Metabolites or Bookmarks, and/or the Use or Intent of Use, Possession or Administration or Intent of Administration of a Prohibited Substance or Forbidden Method shall not be considered as a infringement of the anti-doping rules if they obey the provisions of an AUT granted in accordance with the International Standard for Therapeutic Use Authorizations.

4.4.2 Every Sportsman who is not an International Level Sportsman will have to apply for an AUT to his National Anti-Doping Organization. In the event that the application is rejected, the Sportsman may resort exclusively to the national appeal instance described in Articles 13.2.2 and 13.2.3.

4.4.3 Every Sportsman who is an International Level Sportsman must present the application to his International Federation.

4.4.3.1 In cases where the Sportsman already has an AUT granted by his National Anti-Doping Organisation for the substance or method in question, if such authorisation satisfies the criteria set out in the Standard International for Therapeutic Use Authorizations, the International Federation will have to recognize it. If the International Federation considers that the AUT does not meet these criteria and refuses to recognize it, it shall immediately notify the Sportsman and its National Anti-Doping Organization, explaining the reasons. The Sportsman or the National Anti-Doping Organisation shall have 21 days from the date of such notification to refer the matter to the AMA for review. In the event that the matter is referred to the AMA for review, the AUT granted by the National Anti-Doping Organization will retain its validity for Controls on National Level Competitions and Off-Competition Controls (but not for Competitions international level), pending the decision of the AMA. In the event that the matter is not referred to the AMA for review, the AUT will lose its validity to all effects when the 21-day review deadline expires.

4.4.3.2 In the event that the Sportsman does not yet have an AUT granted by his National Anti-Doping Organization for the substance or method in question, he/she must request such authorisation directly from his/her International Federation as soon as the need arises. If the International Federation (or the National Anti-Doping Organization if it has agreed to study the application on behalf of the International Federation) rejects the request of the Sportsman, it shall immediately notify the latter, explaining its reasons. If the International Federation accepts the request of the Sportsman, it must notify not only the Sportsman but also its National Anti-Doping Organization, and if it considers that the AUT does not satisfy the criteria provided in the Standard International for Therapeutic Use Authorizations, will have 21 days from the date of such notification to refer the matter to the AMA for review. In the event that the National Anti-Doping Organization remits the matter to the AMA, the AUT granted by the International Federation will retain its validity for Controls on International Level Competitions and Expetition Controls (but not for National level competitions), pending the decision of the AMA. In the event that the National Anti-Doping Organization does not refer the matter to the AMA for review, the AUT granted by the International Federation will also be valid for National Competitions once the review deadline expires. 21 days.

[Comment on Article 4.4.3: If the International Federation refuses to recognize an AUT granted by a National Anti-Doping Organization only because there is insufficient evidence or other medical information necessary to demonstrate that meets the criteria of the International Standard for Therapeutic Use Authorizations, the matter will not be referred to the AMA. Instead, the file must be completed and referred back to the International Federation.

In the event that an International Federation chooses to carry out a Control to a Sportsman who is not an International Level Sportsman, he will have to recognize an AUT granted to that Sportsman by his National Organization. Anti-doping.]

4.4.4 An Organization Responsible for Large Events may require that Sportsmen request an AUT to the same if they wish to use a Forbidden Substance or a Forbidden Method in connection with the Event. In such a case:

4.4.4.1 The Organisation Responsible for Large Events must ensure that a procedure for requesting an AUT is available to the Sportsman if the Sportsman does not yet have one. In the event that it is granted, the AUT will be valid only for your Event.

4.4.4.2 In case the Sportsman already has an AUT granted by his National Anti-Doping Organization or International Federation, if such authorization satisfies the criteria set out in the International Standard for Authorizations for Therapeutic Use, the Organization Responsible for Large Events must recognize it. If the Organization Responsible for Large Events decides that the AUT does not satisfy those criteria and refuses to recognize it, it must notify the Sportsman immediately, explaining its reasons.

4.4.4.3 The decision of an Organization Responsible for Large Events of not recognizing or not granting an AUT may be appealed by the Sportsman exclusively to an independent body established or designated for the purpose by the Organization Responsible for Large Events. If the Sportsman does not resort (or if the appeal is unsuccessful), he may not use the substance or method or issue in connection with the Event, but any AUT granted by his National Anti-Doping Organization or International Federation for such substance or method will retain its validity outside of that Event.

[Comment on article 4.4.4.3: For example, the Ad Hoc Division of the TAD or a similar body can act as an appeal instance for specific events, or the AMA can agree to perform this function. If neither the TAD nor the AMA performs this function, the AMA still has the right (but not the obligation) to review at any time the decisions regarding the AUTs adopted in connection with the Event, in accordance with Article 4.4.6.]

4.4.5 In the event that an Anti-Doping Organization chooses to collect a Sample from a Person who is not an International or National Level Sportsman, and that Person is using a Prohibited Substance or a Prohibited Method therapeutic reasons, the Anti-Doping Organization may allow you to request a retroactive AUT.

4.4.6 The AMA will have to review any decision of an International Federation not to recognize an AUT granted by the National Anti-Doping Organization that is referred to it by the Sportsman or the National Anti-Doping Organization. Sportsman. In addition, the AMA must review a decision of an International Federation to grant an AUT to be submitted to it by the National Anti-Doping Organization of the Sportsman, and may review at any time any other decision regarding an AUT, either upon request of the parties concerned or on their own initiative. In the event that the decision concerning an AUT under review meets the criteria set out in the International Standard for Therapeutic Use Authorizations, the AMA will not hinder the same. In the event that the decision does not satisfy those criteria, the AMA will revoke it.

[Comment on Article 4.4.6: The AMA will be able to apply a fee to cover the costs of (a) any revisions to be made in accordance with Article 4.4.6; and (b) any revisions that it chooses to make if the decision is made. review is revoked.]

4.4.7 Any decision regarding an AUT adopted by an International Federation (or by a National Anti-Doping Organization on behalf of an International Federation) that is not revoked by the AMA, or is reviewed by the WADA but is not revoked after its review, may be appealed by the Sportsman and/or the National Anti-Doping Organization of the Sportsman exclusively to the TAD.

[Comment on Article 4.4.7: In these cases, the decision under appeal is the decision on an AUT adopted by the International Federation, not the AMA's decision not to review such a decision regarding an AUT or (after having (revised) not to revoke it. However, the time limit for the appeal of the decision on an AUT does not begin to run until the date on which the AMA communicates its decision. In any case, the AMA decision has been reviewed or not, the AMA must be notified of the appeal so that it can participate if it considers it appropriate.]

4.4.8 The AMA's decision to revoke a decision on the AUT may be challenged by the Sportsman, the National Anti-Doping Organization and/or the International Federation concerned, exclusively before the TAD.

4.4.9 Inaction for a reasonable period of time in relation to an adequately submitted application for the grant/recognition of an AUT or review of a decision relating to an AUT will be considered a refusal of the request.

4.5 Monitoring Program.

The AMA, in consultation with the Signatories and governments, will establish a monitoring program for substances that are not included in the Bans List but that the AMA wants to control in order to detect patterns of abuse in sport. The AMA shall publish, before any Control, the substances to be followed. The detection of the presence of these other substances shall be communicated periodically by the laboratories to the AMA in the form of statistical data grouped by sport, indicating whether the Samples have been collected at Competition or Out of Competition. These reports shall not include additional information relating to specific samples. The AMA shall make available to the International Federations and National Anti-Doping Organisations, at least once a year, the statistical data grouped by sport in relation to those substances. The AMA will put in place measures to ensure that the strict anonymity of the Sportsmen is maintained with regard to such reports. The use or detection of a controlled substance shall not constitute an infringement of the anti-doping rules.

Article 5. Controls and investigations.

5.1 Purpose of Controls and Investigations.

Controls and Investigations will only be performed for anti-doping purposes.

5.1.1 Controls will be carried out to obtain analytical evidence of compliance (or non-compliance) by the Sportsman with the strict prohibition of the Code of Use of a Prohibited Substance or Forbidden Method.

5.1.2 Investigations will be performed:

(a) In relation to the Atypical Results and Adverse Results in the Passport, in accordance with Articles 7.4 and 7.5, respectively, collecting evidence (including, in particular, analytical tests) to determine if has produced an infringement of the anti-doping rules pursuant to Article 2.1 and/or Article 2.2; and

(b) in relation to other indications of possible infringements of the anti-doping rules, in accordance with Articles 7.6 and 7.7, by collecting evidence (including, in particular, non-analytical tests) in order to determine whether the an infringement of the anti-doping rules pursuant to Articles 2.2 to 2.10.

5.2 Scope of Controls.

Any Sportsman may be required by any Anti-Doping Organization with authority over him or her, to provide a Sample at any time and place. Taking into account the jurisdictional limits relating to the carrying out of Controls in an Event referred to in Article 5.3:

5.2.1 Any National Anti-Doping Organization shall have the authority to carry out at the Competition and Out of Competition Controls all Sportsmen who are citizens, residents, are licensed or are members of organizations sports of that country or who are present in the country of that National Anti-Doping Organization.

5.2.2 All International Federation will have the authority to carry out Commpetition and Out of Competition Controls to all Sportsmen who are subject to their rules, including those who participate in Events International or in Events governed by the rules of that International Federation, or who are members of, or are licensed to, such International Federation or its affiliated National Federations, or its members.

5.2.3 Any Organization Responsible for Major Events, including the International Olympic Committee and the International Paralympic Committee, will have the competence to carry out Commpetition Controls for its Events and to perform Out-of-Competition controls all Sportsmen enrolled in one of their future Events or who have otherwise been subjected to the competition to perform Controls of the Organization Responsible for Large Events for a future Event.

5.2.4 The AMA will have the power to carry out the Competition and Out of Competition Controls provided for in Article 20.

5.2.5 Anti-Doping Organizations may carry out Controls to any Sportsman over which they have Control Authority that has not been withdrawn, including the Sportsmen who are in a suspension period.

5.2.6 In the event that an International Federation or the Organization Responsible for Large Events delegates or contracts the conduct of Controls to a National Anti-Doping Organization (directly or through a Federation National), the National Anti-Doping Organization may collect additional samples or instruct the laboratory to perform additional types of analysis from the National Anti-Doping Organization. In the event that additional samples are collected or additional types of analysis are performed, the International Federation or the Organization Responsible for Large Events should be informed.

[Comment on Article 5.2: Additional competence may be conferred to carry out Controls through bilateral or multilateral agreements between Signatories. Unless the Sportsman has established a 60-minute period for the Controls between 23:00 and 6:00, or otherwise consented to carry out Controls during that time slot, before carrying out Controls to a Sportsman during These hours, a Anti-Doping Organisation must have serious and specific suspicions that the Sportsman may have engaged in doping-related activities. It may not be used as a defence argument against an allegation of Infraction of the Anti-Doping Rules in relation to a Control or attempt at Control during this time slot, the fact of calling into question that the Anti-Doping Organisation had Sufficient suspicion of doping to perform Controls during these hours.]

5.3 Realization of Controls in an Event.

5.3.1 With the exception of the provisions below, only one organization will be responsible for initiating and conducting Controls at the Headquarters of an Event during the Duration of an Event. In International Events, the collection of samples will be initiated and carried out by the international organization that is the body responsible for this Event (for example, the International Olympic Committee at the Olympic Games, the Federation International at a World Championship, and the Pan American Sports Organization at the Pan American Games. In National Events, the collection of Samples will be initiated and conducted by the National Anti-Doping Organization of the country. At the request of the body responsible for the Event, any Control during the Duration of an Event in a place other than the celebration of the Event must be coordinated with that responsible body.

5.3.2 If an Anti-Doping Organization, which would be the control authority, but is not responsible for initiating and carrying out Controls during a given Event and wishes to nevertheless perform additional Controls on the Athletes at the Event Headquarters during the duration of the event, the Anti-Doping Organization must first consult with the organization responsible for the Event to request permission to carry out and coordinate any additional control. If the Anti-Doping Organization does not satisfy the response received from the organization responsible for the Event, it may, following the procedures published by the AMA, request the AMA permission to carry out additional controls and decide how to They will coordinate these controls. The AMA shall not grant authorisation for such additional controls without having consulted and informed the organisation responsible for the Event in advance. The WADA decision will be final and cannot be appealed. Unless otherwise provided for in the authorization granted to carry out Controls, the same shall be considered as Non-Competition Controls. The results management of these Controls shall be the responsibility of the Anti-Doping Organization that initiates the Controls, unless otherwise provided in the rules of organization responsible for the Event.

[Comment on Article 5.3.2: Before granting approval to a National Anti-Doping Organization to initiate and carry out Controls in the course of an International Event, the AMA will consult with the organization. International responsible for such Event. Before granting approval to an International Federation to initiate and carry out Controls during a National Event, the AMA will consult with the National Anti-Doping Organization of the country in which it takes place. The Anti-Doping Organization "which initiates and conducts the Controls" may, if it wishes, enter into agreements with other organizations to which it will delegate responsibility for the collection of Samples or other aspects of the Doping Control process.]

5.4 Planning for the Distribution of Controls.

5.4.1 The AMA, after consulting the International Federations and other Anti-Doping Organizations, will adopt a Technical Document under the International Standard for Controls and Investigations to be determined by a risk assessment that prohibited substances and/or prohibited methods are more likely to be abused in particular sports and sports disciplines.

5.4.2 From such risk assessment, each Anti-Doping Organization with the authority to carry out Controls shall develop and implement an effective, intelligent and proportionate distribution plan, which prioritises adequately among disciplines, categories of Sportsmen, types of controls, types of samples collected and types of analysis of samples, all in accordance with the requirements of the International Standard for Controls and Investigations. Each Anti-Doping Organization shall submit to the AMA, upon request, a copy of its distribution plan for the current controls.

5.4.3 Whenever reasonably practicable, the Controls will be coordinated through ADAMS or other AMA-approved system in order to optimize the effectiveness of the joint efforts of the Controls and to avoid a useless repetition of the same.

5.5 Rules for Controls.

All Controls will be performed in accordance with the International Standard for Controls and Investigations.

5.6 Information on the Localization/Paradero of the Sportsman.

Athletes who have been included in a Registered Control Group by their International Federation and/or National Anti-Doping Organization will be required to provide information about their location/whereabouts of the form. specified in the International Standard for Controls and Investigations. International Federations and National Anti-Doping Organisations shall coordinate the identification of such Sportsmen and the collection of this information. Each International Federation and National Anti-Doping Organization will make available through ADAMS or another AMA-approved system, a list identifying the Sportsmen included in the Registered Group of Control either by name or by name. clearly defined specific criteria. Athletes must be notified before they are included in a Registered Control Group and when they are removed from the Control Group. The information regarding their location/whereabouts to be delivered while in the Registered Control Group will be accessible via ADAMS or other AMA approved system, for the AMA or the other Anti-Doping Organizations. to carry out checks on the Sportsman as provided for in Article 5.2. 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, in order to provide relevant information for the Biological Passport of the Sportsperson or other analytical results, to support an investigation of a potential infringement of anti-doping rules or to support procedures in which the infringement of an anti-doping rule is alleged; and will be destroyed when it is no longer useful for these purposes, in accordance with the International Standard for the Protection of Privacy and Personal Information.

5.7 Return to the Competition of Retired Sportsmen.

5.7.1 If an International or National Level Sportsman included in a Registered Control Group withdraws and subsequently wishes to return to active participation in the sport, he/she will not be able to participate in International Events or National events until the authorities have been made available for the carrying out of Controls by written notification with a six-month notice to their International Federation and National Anti-Doping Organization. The AMA, after consultation with the relevant International Federation and National Anti-Doping Organisation, may grant an exemption to the obligation to deliver a written notification at a time of six months if the strict application of the It is manifestly unfair to the Sportsman. This decision may be challenged as provided for in Article 13.

5.7.1.1 Any Comppetition result obtained in violation of article 5.7.1 will be annulled.

5.7.2 If a Sportsman withdraws from the sport while in a suspension period and wishes to return to active participation in the sport, he will not be able to participate in International Events or Events Nationals until such time as it has been made available to the authorities for the carrying out of checks by written notification at an advance of six months (or in advance of the suspension period pending on the date of withdrawal of the Sportsman, if this period exceeds six months) to your International Federation and Organization National Anti-Doping.

5.8 Investigations and Information Collection.

The Anti-Doping Organizations shall ensure that they are capable of carrying out each of the following actions, as appropriate and in accordance with the International Standard for Controls and Investigations:

5.8.1 Get, evaluate and process anti-doping information from all available sources, in order to report on the development of an effective, intelligent and proportionate control distribution plan, plan Dirigid Controls and/or establish the basis of an investigation of possible violations of the anti-doping rules; and

5.8.2 Investigate Atypical Results and Adverse Results in the Passport, in accordance with Articles 7.4 and 7.5, respectively; and

5.8.3 Investigate any other analytical or non-analytical information indicating a possible infringement of the anti-doping rules in accordance with Articles 7.6 and 7.7 in order to rule out the possible infringement or to obtain evidence to support the initiation of a procedure for infringement of the anti-doping rules.

Article 6. Analysis of the Samples.

Samples will be analyzed according to the following principles:

6.1 Using Accredited and Approved Laboratories.

For the purposes of Article 2.1, the Samples will be analyzed only by AMA-accredited or AMA-approved laboratories. The choice of the laboratory accredited or approved by the AMA used for the analysis of Samples, will depend exclusively on the Anti-Doping Organization responsible for managing results.

[Comment on Article 6.1: For reasons of costs and geographical access, the AMA may approve specific laboratories that are not accredited by it for specific analyses, e.g. blood tests to be sent from the place of collection to the laboratory within a specified time limit. Before approving such a laboratory, the AMA will ensure that it meets the high standards of analysis and custody required by it. The infringements of Article 2.1 may be determined only by analysis of samples taken by a laboratory accredited by the AMA or another laboratory specifically approved by the AMA. Infringements of other articles may be determined using analytical results from other laboratories provided the results are reliable.]

6.2 Purpose of Analysis of Samples.

The Samples shall be tested for Prohibited Substances and Prohibited Methods Identified in the Prohibitions List and any other substances whose detection has been requested by the AMA in accordance with the provisions of the Article 4.5 or to assist an Anti-Doping Organisation to draw up a profile of the relevant parameters of the urine, blood or other matrix of the Sportsman, including DNA or genome profiles, or for any other legitimate purpose related to the antidoping. Samples may be collected and stored for future analysis.

[Comment on Article 6.2: For example, relevant profile data may be used to perform Dirigor Controls or to support an infringement of the anti-doping rules as set out in Article 2.2, or with both ends.]

6.3 Using Samples for Research.

No Sample may be used for research purposes without the written consent of the Sportsman. In the Samples used for purposes other than those set out in Article 6.2, any means of identification shall be removed so that no particular Sportsman can be associated.

[Comment on Article 6.3: As in most medical contexts, the use of anonymous samples is not considered to be research to ensure or improve quality or to establish reference populations.]

6.4 Standards for Sample Analysis and Communication.

The laboratories will analyze the Samples and communicate their results according to the International Standard for Laboratories. To ensure effective controls, the Technical Document referred to in Article 5.4.1 will establish, for sports and specific sports disciplines, sample analysis menus based on risk assessment, and laboratories will analyse the Samples according to those menus, except for the following:

6.4.1 Anti-Doping Organizations may request that laboratories analyze their Samples using more extensive menus than those described in the Technical Document.

6.4.2 Anti-Doping organisations will be able to request that laboratories analyse their Samples using menus less extensive than those described in the Technical Document only if they have convinced the AMA that, due to the Particular circumstances in your country or sport, as set out in your plan for the distribution of controls, would be appropriate for a less extensive analysis.

6.4.3 According to the International Standard for Laboratories, these, on their own initiative and on their own account, will be able to analyze the Samples in search of prohibited Substances or prohibited Methods not included in the Sample analysis menu described in the Technical Document or specified by the authority responsible for the Controls. The results of this analysis will be communicated and will have the same validity and Consequences as any other Analytic Result.

[Comment on Article 6.4: The objective of this article is to extend the principle of "Smart Controls" to the sample analysis menu in order to detect doping in the most effective and efficient way. It is recognized that the resources available to fight doping are limited and that increasing the menu of samples analysis can, in some sports and countries, reduce the number of samples that can be analyzed.]

6.5 New Analysis of a Sample.

A sample may be subject to further analysis at any time before the Anti-Doping Organisation responsible for managing results informs the Sportsman of the analytical results of the samples A and B (or Sample A result when the analysis of the B sample or this analysis is not carried out as the basis for an infringement of the anti-doping rules according to Article 2.1. The samples may be stored on the basis of the purpose proposed in Article 6.2 only by order of the Anti-Doping Organisation which has collected the sample or the AMA. (Any storage of samples or new analysis initiated by AMA will be cost by the AMA) The circumstances and conditions for the new analysis of the Samples will meet the requirements of the International Standard for Laboratories and the International Standard for Controls and Investigations.

Article 7. Managing results.

Each of the Anti-Doping Organisations responsible for managing results must have a procedure for the preliminary review of potential infringements of the anti-doping rules, in accordance with the principles of following:

[Comment on Article 7: Several Signatories have created their own systems as far as results management is concerned. Although the different approaches have not yet been fully standardized, many of them have proven to be fair and effective systems for managing results. The Code is not intended to replace the respective outcome management systems of the Signatories. However, this article specifies the basic principles for achieving a fundamentally fair outcome management process, which should be observed by all Signatories. The specific anti-doping rules for each Signatory shall be in accordance with these basic principles. Not all processes that have been initiated by a Anti-Doping Organization require an audience. There may be cases where the Sportsman or other Person accepts the sanction that is imposed by the Code or that the Anti-Doping Organization considers appropriate in those cases where flexibility is allowed when sanctioning. In all cases, a penalty imposed on the basis of that agreement shall be communicated to the parties with the right of appeal provided for in Article 13.2.3 as referred to in Article 14.2.2 and published pursuant to Article 14.3.2.]

7.1 Competition to conduct Results Management. Except in accordance with the provisions of the following Articles 7.1.1 and 7.1.2, the performance management and the procedure for holding the hearings shall be governed by the rules of procedure of the Anti-Doping Organisation which have commenced and carried out the collection of the Sample (or, if there is no collection of Samples, the organisation which notifies the Sportsman or other Person first of an offence to the anti-doping rule and who then diligently pursues the infringement of the anti-doping rules). Whatever organisation manages the results or holds of the hearings, the principles referred to in this Article and in Article 8 shall be respected and the rules identified in Article 23.2.2, which must be followed, shall be followed. be incorporated at the foot of the letter.

If there is a conflict between Anti-Doping Organizations about which of them has the competence to manage the results, it will be the AMA that resolves the issue. The AMA decision may be appealed to the TAD by any of the Anti-Doping Organizations involved in the conflict within seven days of notification of the same. The appeal will be studied by the TAD in an expedited manner and will be viewed by a single arbitrator.

When a National Anti-Doping Organisation chooses to collect additional samples as provided for in Article 5.2.6, the Anti-Doping Organisation which has initiated and carried out the collection of samples shall be considered to be the Anti-Doping Organisation. However, in cases where the National Anti-Doping Organisation only instructs the laboratory to carry out additional types of analysis under the National Anti-Doping Organisation, the Federation shall be deemed to be the International the Organization Responsible for Large Events is the Anti-Doping Organization that initiated and conducted the collection of Samples.

[Comment to article 7.1: In some cases, the Rules of Procedure of the Anti-Doping Organization that started and performed the collection of Samples may specify that the results management will be the responsibility of another organization. (for example, the National Sports Federation). In such a case, it shall be the responsibility of the Anti-Doping Organization to confirm that the rules of the other organization conform to the Code.]

7.1.1 In the event that the rules of a National Anti-Doping Organization do not grant this competence to a Sportsman or other Person who is not a national, resident, holder of a license or member of an organization (a) the performance management shall be carried out by the relevant International Federation or by a third party in accordance with the rules laid down by the International Anti-Doping Organisation, or the National Anti-Doping Organisation shall exercise such competence; International Federation. The management of results and the conduct of hearings in relation to a control carried out by the AMA on its own initiative, or with an infringement of the anti-doping rules discovered by the AMA, will be the responsibility of the designated Anti-Doping Organization. by the AMA. The management of results and the holding of hearings in relation to a Control carried out by the International Olympic Committee, the International Paralympic Committee or another Organization Responsible for Large Events, or with an infringement of the rules The results obtained in the event will be transmitted to the corresponding International Federation for all the consequences of the consequences of the event, the results obtained in the event. Event, loss of any medal, point or prize obtained at the Event, or recovery of costs applicable to the infringement of the anti-doping rules.

[Comment on Article 7.1.1: The International Federation of the Sportsman or the other Person becomes the ultimate resource authority for managing results in order to avoid the possibility of any The Anti-Doping Organisation has powers to carry out such management. An International Federation is free to contemplate in its own anti-doping rules that the National Sports Federation or the other Person is the one who performs the results management.]

7.1.2 Managing results in relation to potential non-compliance regarding the location/whereabouts of the Sportsman (failure to provide the location/whereabouts data or a failed control) will be carried out by the International Federation or by the National Anti-Doping Organization to which the Sportsman in question delivers the information on his location/whereabouts, as provided for in the International Standard for Controls and Research. The Anti-Doping Organisation determining the existence of a breach of the duty to provide the location/whereabouts data or a failed control shall transmit such information to the AMA through ADAMS or other AMA approved system, where shall be made available to other Anti-Doping Organisations.

7.2 Review of Adverse Analytical Results.

When an Adverse Analytical Result is received, the Anti-Doping Organization responsible for managing results shall initiate a review in order to determine whether: (a) an AUT has been granted or will be granted as provided in the International Standard for Therapeutic Use Authorizations, or (b) if there has been an apparent deviation from the International Standard for Controls and Investigations or the International Standard for Laboratories The Adverse Analytical Result.

7.3 Notification at the end of review on Adverse Analytical Results.

When a Review of an Adverse Analytical Result provided for in Article 7.2 does not determine that an AUT exists, or the right to obtain it as provided in the International Standard for Therapeutic Use Authorizations or a The Anti-Doping Organisation shall immediately notify the Sportsman in the manner provided for in Articles 14.1.1 and 14.1.3 and its own Regulations: (a) of the adverse analytical result; (b) of the anti-doping rule infringed; and (c) of its right to immediately require the analysis of Sample B or, failing that, of the fact that it is deemed to have waived its right; (d) the date, time and place intended for the analysis of Sample B if the Sportsperson or the Anti-Doping Organization decides to request an analysis of the sample; and) the opportunity for the Sportsman and/or his/her representative to decide to be present during the opening and analysis of the Sample B within the deadline set in the International Standard for Laboratories if this is requested analysis; and (f) the right of the Sportsman to request copies of the analytical report for Samples A and B that include the required information in the International Standard for Laboratories. If the Anti-Doping Organisation decides not to present the Adverse Analytical Result as an infringement of the anti-doping rules, it shall inform the Sportsman and the Anti-Doping Organisations as described in Article 14.1.2.

In all cases where a Sportsman has received the notification of an infringement of the anti-doping rules which does not lead to a mandatory Provisional Suspension pursuant to Article 7.9.1, he shall be given the opportunity to accept a Provisional Suspension until the date a decision is made after an Hearing.

7.4 Review of Atypical Results.

According to the International Standard for Laboratories, in some circumstances, laboratories must communicate the presence of prohibited substances which can also be produced in an endogenous form as results. Outliers which should be the subject of more detailed research. After receiving an Atypical Result, the Anti-Doping Organization responsible for managing the results will open a Review to determine if: a) an AUT has been granted or will be granted in accordance with the International Standard for Use Authorizations Therapeutic, or (b) if there is any apparent deviation from the International Standard for Controls and Investigations or the International Standard for Laboratories that originated the Atypical Result. If, after such review, it is not established that the corresponding AUT exists or that there has been any deviation caused by the Atypical Result, the Anti-Doping Organisation shall carry out the relevant investigation. Once the latter has been completed, the Sportsman and other Anti-Doping Organisations established by Article 14.1.2 will be informed of whether the Atypical Result will be dealt with as an Adverse Analytical Result. The Sportsman shall be informed in accordance with Article 7.3.

[Comment on Article 7.4: The "corresponding investigation" described in this article will depend on the situation. For example, if it has been previously determined that a Sportsman has a naturally high testosterone/epitestosterone ratio, confirmation that the Atypical Result fits that prior relationship will constitute an investigation. sufficient.]

7.4.1 The Anti-Doping Organization shall not communicate the existence of an Atypical Result until its investigation has been completed and decided if such Atypical Result is to be processed as an Adverse Analytical Result, unless give any of the following circumstances:

(a) If the Anti-Doping Organisation determines that Sample B must be analysed before the conclusion of its investigation pursuant to Article 7.4, the Anti-Doping Organisation may analyse sample B after disclosure to the Sportsman; a description of the Atypical Result and the data specified in Article 7.3 (d) and (f) shall be included in the notice.

b) If the Anti-Doping Organization receives a request, either from the Organization Responsible for Large Events shortly before the celebration of one of its International Events, or a request from a sports organization responsible for the selection of members of a team for an International Event with an imminent deadline, a request to disclose if any Sportsman of those included in a list provided by the Responsible Organization of Large Events or the sports organization has some Atypical Result pending, the Anti-Doping Organization identify the Sportsman after communicating to him the existence of the Atypical Result.

[Comment on Article 7.4.1.b]: In the circumstances described in Article 7.4.1.b), the option of adopting measures would be in the hands of the Organization Responsible for Large Events or the sports organization according to your rules.]

7.5 Review of the Atypical Results in the Passport and the Adverse Results in the Passport.

The Review of the Atypical Results in the Passport and the Adverse Results in the Passport will take place as planned in the International Standard for Controls and Research and the International Standard for Laboratories. At the time when the Anti-Doping Organisation considers that there has been an infringement of an anti-doping rule, it shall immediately inform the Sportsman, in the manner provided for in these rules, of the anti-doping rule and the grounds of the infringement. Other Anti-Doping Organisations shall also be informed as provided for in Article 14.1.

7.6 Review of Non-compliances regarding the Localization/Paradero of the Sportsman.

The review of breaches of the duty to provide location/whereabouts data, and of failed controls, will take place as planned in the International Standard for Controls and Investigations. At the time when the International Federation or the National Anti-Doping Organisation (if applicable) considers that there has been an infringement of an anti-doping rule provided for in Article 2.4, it shall immediately inform the Sportsman of the The Court of the Court of the European Court of the European Court of the European Court of Other Anti-Doping Organisations shall also be informed as provided for in Article 14.1.2.

7.7 Review of other violations of anti-doping rules that do not cover articles from 7.1 to 7.6.

The Anti-Doping Organization or any other review body constituted by the Anti-Doping Organization must conduct a supplementary investigation for possible infringement of the anti-doping rules, as required by the regulations and anti-doping policies adopted in accordance with the Code, or which the Anti-Doping Organisation considers appropriate. At the time the Anti-Doping Organisation concludes that there has been an infringement of the anti-doping rules, it shall immediately, in the manner prescribed by its regulations, warn the Sportsman or any other person to whom the anti-doping rules have been issued. an infringement, which is the anti-doping rule infringed and which are the basis of the infringement. Other Anti-Doping Organisations shall also be informed as provided for in Article 14.1.2.

[Comment on Articles 7.1, 7.6 and 7.7: For example, it will be up to an International Federation to warn a Sportsman through their national federation.]

7.8 Identification of violations of previous anti-doping rules. Before notifying a Sportsman or other Person the existence of an allegation of infringement of the anti-doping rules in accordance with the above, the Anti-Doping Organisation shall verify in ADAMS or in another system approved by the AMA and shall in contact with the AMA and other relevant Anti-Doping Organisations to determine whether there is any infringement of the prior anti-doping rules.

7.9 Principles applicable to Provisional Suspensions.

7.9.1 Mandatory Interim Suspension after an Adverse Analytical Result is obtained.

Signatories listed below must adopt rules so that, when an Adverse Analytical Result is received for a Forbidden Method or a Prohibited Substance other than a specific substance, one is immediately imposed. Provisional suspension after carrying out the review and notification processes set out in Article 7.2, 7.3 or 7.5: when the Signatory is responsible for an Event (in the application in that Event); when the Signatory is responsible for the team selection (for the application of that selection); when the Signatory is the International Federation which corresponds; or where the Signatory is another Anti-Doping Organisation which has jurisdiction over the management of the results of the reported anti-doping offences. A mandatory Provisional Suspension may be lifted if the Sportsman or the other Person demonstrates to the court of experts that a Contaminated Product is likely to be involved in the infringement. The decision of the judgment instance not to lift the mandatory provisional suspension on account of the claim of the sportsman or other person concerning the presence of a contaminated product shall not be used.

However, a Provisional Suspension shall not be imposed unless the Sportsman receives: (a) the opportunity to hold a Preliminary Hearing on the imposition of the Provisional Suspension, or at the appropriate time after the imposition of such Provisional Suspension; or (b) an opportunity for an expedited hearing pursuant to Article 8 to be held immediately after the imposition of a Provisional Suspension.

7.9.2 Optional Provisional Suspension based on an Adverse Analytical Result by Specific Substances, Pollution Products, or other violations of the anti-doping rules.

A Signatory may adopt rules that shall apply to all Events that correspond to its jurisdiction, or to the process of selecting a team from which the Signatory is responsible, or when the Signatory is the Federation International or has jurisdiction over the management of the results of the alleged infringement of the anti-doping rules, in order to be able to impose provisional suspensions for violations of the anti-doping rules not covered by the Article 7.9.1 before the analysis of the B sample of the Sportsman or the celebration of the hearing final provided for in Article 8.

Only a Provisional Suspension may be imposed if the Sportsman or other Person has been granted, or (a) the possibility of a Preliminary Hearing prior to the entry into force of a Provisional Suspension or immediately thereafter. the entry into force of that suspension, or (b) the possibility of an expedited hearing pursuant to Article 8, immediately after the entry into force of a provisional suspension.

If a Provisional Suspension is imposed on the basis of an Adverse Analytical Result in a Sample A, and a subsequent analysis of a Sample B (if requested by the Sportsperson or the Anti-Doping Organization) does not confirm the Results of the analysis of Sample A, the Sportsman shall not be subjected to any other Provisional Suspension as a result of the infringement of Article 2.1. In the event that the Sportsman (or his/her team, as provided by the rules of the Responsible Large Events Organisation or the relevant International Federation) is excluded from a Competition for infringement of Article 2.1, and the Subsequent analysis of Sample B does not confirm the result of the analysis of Sample A, provided that this does not interfere with the Competition and that it is still possible to reintegrate the Sportsman or his team, the Sportsman or the team in question will be able to follow participating in the Competition.

[Comment on Article 7.9: Before a Provisional Suspension can be unilaterally decided by an Anti-Doping Organization, the revision indicated in the Code must have been completed in advance. In addition, the Signatory that imposes a Provisional Suspension shall ensure that the Sportsman is granted the possibility of a Preliminary Hearing before or immediately after the imposition of the Provisional Suspension or a final hearing issued pursuant to Article 8 immediately after the start of the Provisional Suspension. The Sportsman may appeal this decision in accordance with the provisions of Article 13.2.3.

In the strange circumstance that the analysis of Sample B does not confirm the results of the analysis of Sample A, the Sportsman who has been provisionally suspended will be allowed to participate in the following tests of the Competition when circumstances permit. Similarly, in Team Sports, according to the regulations of the International Federation, and if the team still remains in the Competition, the Sportsman will be able to participate in the following tests.

The period of Provisional Suspension of the Sportsman shall be deducted from that of the sanction imposed on him or definitively accepted in accordance with Article 10.11.3 or 10.11.4]

7.10 Notification of Relative Decisions to Results Management. As provided for in Article 14.2.1, in cases where an Anti-Doping Organisation has affirmed the existence of an infringement of the anti-doping rules, it has withdrawn such an allegation, imposed a provisional suspension or agreed with the Sportsperson or other Person imposing a penalty without a Hearing, this Anti-Doping Organization shall notify such circumstances to the other Anti-Doping Organizations possessing the right of appeal referred to in Article 13.2.3.

7.11 Withdrawal from sport.

If a Sportsman or other Person withdraws in the course of an outcome management procedure, the Anti-Doping Organisation carrying out such a process will continue to have the competence to bring it to an end. If a Sportsman or other Person withdraws before the start of a result management process, the Anti-Doping Organisation which would have had competence over the performance management of the Sportsman or the other Person at the time when any of them will commit the violation of the anti-doping rules, will have competence to carry out the results management.

[Comment on Article 7.11: The conduct of the Sportsman or other Person before they enter the jurisdiction of any Anti-Doping Organization does not constitute an infringement of the anti-doping rules, but it does constitute a legitimate grounds for refusing the entry of the Sportsman or other Person into a sporting organisation.]

Article 8. Right to a fair trial and notification of the opinion of the hearing.

8.1 Fair Trial.

Each Anti-Doping Organisation responsible for the management of results shall provide for any Person accused of having committed an infringement of the anti-doping rules, at least, a fair trial within a reasonable period of time. by a fair and impartial tribunal of experts. A reasoned decision should be made in a timely manner to specifically include an explanation of the reasons for the imposition of a suspension period as provided for in Article 14.3.

[Comment on Article 8.1: This article requires that at some point in the outcome management procedure, the Sportsman or other Person has the opportunity to have a fair and impartial hearing, within a reasonable time. These principles are also found in Article 6.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms and are generally accepted by international law. This article is not intended to replace the rules of each Anti-Doping Organisation in relation to the Audiences, but to ensure that each of them provides for a hearing process that is in accordance with these principles.]

8.2 Audiences in Events.

Hearings held in the Event Framework may follow an expedited procedure as authorized in the Anti-Doping Organization regulations and by the court of experts.

[Comment on Article 8.2: For example, a hearing may be accelerated on the eve of a major Event when a judgment on an infringement of the anti-doping rules is necessary to determine whether the Sportsman is or is not authorized to participate in the Event, or even during an Event where the judgment given will determine the validity of the results of the Sportsman or the continuation of his participation in the Event.]

8.3 Renunciation to judgment.

The Sportsman or the other Person has the right to give up the judgment by expressing either express or no objection within the time limit set by the rules of the Anti-Doping Organization to the claim of the the existence of an infringement of the anti-doping rules.

8.4 Notification of decisions.

The reasoned opinion of the hearing or, in cases where the judgment has been waived, a reasoned opinion explaining the measures taken, will be delivered by the Anti-Doping Organisation with responsibility for results management to the Sportsman and other Anti-Doping Organisations, with the right of appeal under Article 13.2.3, as provided for in Article 14.2.1.

8.5 Single Audience to the TAD.

Anti-doping violations for which International Level Sportsmen or National Level Sportsmen are charged may be heard directly by the TAD, without requiring a prior hearing and provided that they have the consent of the Sportsman, the Anti-Doping Organisation with responsibility for the management of results, the AMA and any other National Anti-Doping Organisation which would have had the right of appeal in the first instance the TAD.

[Comment on Article 8.5: In some cases, the combined cost of holding a hearing at first instance at international or national level, then to proceed to a new Hearing before the TAD can be very substantial. If all the parties identified in this article consider that their interests will be properly protected in a single Hearing, there is no need for the Sportsman or Anti-Doping Organizations to make the extraordinary disbursement they assume. the two Audiences. An Anti-Doping Organization that wishes to participate in a TAD hearing as a party or as an observer may condition its consent to the conduct of such a single hearing, to which the TAD grants the right to participate]

Article 9. Automatic override of the individual results.

The violation of an anti-doping rule in Individual Sports related to a Control In Competition automatically entails the Annulment of the results obtained in that Competition with all its Consequences, including the loss of all medals, points and prizes.

[Comment on Article 9: In the case of Team Sports, any prize received by individual players will be cancelled. However, the disqualification of a team shall be carried out in accordance with the provisions of Article 11.

In non-team sports, but in which team awards are awarded, disqualification or any other disciplinary measure imposed on the team when one or more of its members commit an infringement of the rules Anti-doping shall be carried out in accordance with the rules of the International Federation.]

Article 10. Individual sanctions.

10.1 Annulment of the results in the Event during which the anti-doping rule violation takes place.

An infringement of a rule that takes place during an Event, or in relation to it, may be assumed, as decided by the organization responsible for it, an Annulment of all the individual results of the Sportsman obtained within the framework of that Event, with all Consequences, including the loss of medals, points and prizes, except in the cases provided for in Article 10.1.1.

Among the factors that need to be taken into account when studying the possible Annulment of other results in an Event could include, for example, the seriousness of the infringement of the anti-doping rules committed by the Sportsman and the fact that the Sportsman has tested negative for the Controls performed on other Competitions.

[Comment on Article 10.1: While Article 9 invalidates the results of a single Competition in which the Sportsman has tested positive (for example, the 100-meter backstroke), this article may lead to Annulment. of all the results of all the tests during the Event in question (for example, the FINA World Championships).]

10.1.1 When the Sportsman manages to prove the Absence of Culpa or Negatos in relation to the infringement, his/her individual results in other Competitions will not be Anulados, except that the results obtained in those Competitions other than the Competition in which the infringement of the anti-doping rules has occurred may have been influenced by that infringement.

10.2 Suspensions by Presence, Use or Intent of Use, or Possession of a Prohibited Substance or a Forbidden Method.

The suspension period imposed by a first infringement of Article 2.1, 2.2 or 2.6 shall be as follows, subject to any reduction or potential suspension provided for in Articles 10.4, 10.5 and 10.6:

10.2.1 The suspension period will be four years when:

10.2.1.1 The violation of the anti-doping rules does not involve a Specific Substance, unless the Sportsman or the other Person can show that the offence was unintentional.

10.2.1.2 The violation of the anti-doping rules involves a Specific Substance and the Anti-Doping Organization can demonstrate that the violation was intentional.

10.2.2 In the event that Article 10.2.1 does not apply, the Suspension period shall be two years.

10.2.3 As set out in Articles 10.2 and 10.3, the term "intentional" is used to identify those who cheat. The term, therefore, implies that the Sportsman or other Person incurs a conduct even knowing that there was a significant risk that it would constitute or result in an infringement of the anti-doping rules and they manifestly disregarded of that risk. An infringement of the anti-doping rules resulting from an Adverse Analytical Result by a Prohibited Substance only On Competition shall be presumed, unless proof to the contrary, unintentional if it is a Specific Substance and the Sportsman can accredit that said Prohibited Substance was used Outside of Competition. An infringement of the anti-doping rules resulting from an Adverse Analytical Result by a Prohibited Substance only In Competition must not be considered "intentional" if the substance is not a Specific Substance and the Sportsman can prove that used the Forbidden Substance Outside of the Competition in a context unrelated to sports activity.

10.3 Suspension by other Infractions of the Anti-Doping Rules.

The suspension period for non-doping offences other than those reflected in Article 10.2 shall be as follows, unless Articles 10.5 or 10.6 are applicable:

10.3.1 For the infringements of Article 2.3 or Article 2.5, the suspension period shall be four years, unless, in the event of failure to comply with the obligation to submit to the collection of samples, the Sportsman can demonstrate that the Infringement of the anti-doping rules was committed intentionally (as defined in Article 10.2.3), in which case the suspension period will be two years.

10.3.2 For the infringements of Article 2.4, the suspension period shall be two years, with the possibility of reduction up to a minimum of one year, depending on the degree of culpability of the Sportsman. The flexibility between two years and one year of Suspension provided for in this article will not apply to the Sportsmen who, because of their changes in location/whereabouts of last minute or other conduct, generate a serious suspicion that they try to avoid submitting to Controls.

10.3.3 For infringements of Article 2.7 or 2.8, the suspension period shall be at least four years up to a maximum of Suspension for life, depending on the seriousness of the offence. An infringement of Article 2.7 or 2.8 in which a Child is involved will be considered a particularly serious infringement and, if committed by the Staff Support to Sportsmen in respect of offences not related to Specific Substances will result in the Lifetime Suspension of the Sports Support Staff. In addition, significant infringements of Article 2.7 or 2.8 which may also violate non-sporting laws and regulations shall be communicated to the competent administrative, professional or judicial authorities.

[Comment on Article 10.3.3: Those involved in doping or in the doping cover-up of Sportsmen will be subject to sanctions that are more severe than those of Sportsmen who are positive. As the authority of sports organizations is generally limited to sports sanctions such as the suspension of accreditation, affiliation or other sporting benefits, communicate the performances of the Support Staff to the Sports The competent authorities are an important step in the fight against doping.]

10.3.4 For infringements of Article 2.9, the period of suspension imposed shall be at least two years up to a maximum of four years, depending on the seriousness of the infringement.

10.3.5 For the infringements of Article 2.10, the suspension period shall be two years, with the possibility of reduction up to a minimum of one year, depending on the degree of culpability of the Sportsman and other circumstances of the case.

[Comment on Article 10.3.5: If the "other Person" referred to in Article 2.10 is a legal person and not a natural person, this entity may be subject to the penalties provided for in Article 12.

10.4 Elimination of the Suspension Period in Absence of Culp or Negate.

When a Sportsman or other Person demonstrates, in a particular case, the Absence of Culpa or Negativa for their part, the period of Suspension that would have been applicable shall be eliminated.

[Comment on Article 10.4: This article and article 10.5.2 apply only for the imposition of sanctions; they do not apply to determine if an infringement of the anti-doping rules has occurred. They will only apply in exceptional circumstances, for example, in the case of a sportsman who proves that, despite all the precautions taken, he has been the victim of a sabotage by a competitor. Conversely, the Absence of Culpa or of Negocis shall not apply in the following circumstances: (a) an Adverse Analytical Result has occurred due to an error in the labelling or contamination of nutritional supplements or vitamins (the Sportsmen are responsible for the products they ingest (Article 2.1.1), and have been warned of the possibility of contamination of the supplements); b) the personal physician or trainer of a Sportsman has administered a Prohibited Substance without the Sportsman being informed (the Sportsmen are responsible for the choice of their staff medical and to warn this staff of the prohibition of receiving any Substance Prohibited); and (c) the contamination of a food or drink of the Sportsman by his partner, his coach or any other person in the circle of acquaintances of the Sportsman (the Sportsmen are responsible for what they ingest and the behavior of the People who are entrusted with the responsibility for their food and drink.) However, on the basis of the exceptional facts relating to a particular case, the set of the examples referred to could be a reduced penalty under Article 10.5, on the basis of the Absence of Culp or Significant Negligence.]

10.5 Reduction of the Suspension period based on the Absence of Significant Culp or Negligence.

10.5.1 Reduction of Sanctions for Specific Substances or Pollution Products for infringements of Article 2.1, 2.2 or 2.6.

10.5.1.1 Specific Substances.

If in violation of the anti-doping rules a Specific Substance is involved and the Sportsman or other Person can demonstrate Absence of Culpa or Significant Negligence, the period of Suspension shall consist, at least, in a warning and no suspension period and, at most, two years of Suspension, depending on the degree of culpability of the Sportsman or the other Person.

10.5.1.2 Contaminated Products.

If the Sportsman or other Person can demonstrate Absence of Significant Culp or Negligence and that the Prohibited Substance detected has proceeded from a Contaminated Product, the suspension period shall consist of at least one of the following: Warning and, at most, two years of Suspension, depending on the degree of culpability of the Sportsman or the other Person.

[Comment on article 10.5.1.2: For the determination of the degree of Culpability of the Sportsman, it could be, for example, favorable for the Sportsman, which the Sportsman would have stated on his doping control form on product that was later determined to be contaminated.]

10.5.2 Application of the Absence of Significant Negligence or Neglect beyond the application of Article 10.5.1.

If a Sportsman or other Person demonstrates, in a particular case where Article 10.5.1 is not applicable, that there is a significant Absence of Culp or Negligence on the part thereof, subject to additional reduction or elimination provided for in Article 10.6, the period of suspension applicable may be reduced on the basis of the degree of culpability of the Sportsman or the other Person, but the period of reduced suspension may not be less than half of the suspension period This is not the case. If the applicable Suspension period of the contrary is for life, the reduced period under this Article shall not be less than eight years.

[Comment on Article 10.5.2: This article can be applied to any violation of the anti-doping rules, except for those articles in which the intention is an element of the anti-doping rule (by example of Article 2.5, 2.7, 2.8 or 2.9) or an element of a particular sanction (for example, Article 10.2.1 or a degree of Suspension already provided for in an article based on the gravity of the Infraction of the Sportsman or other Person.]

10.6 Elimination, Reduction or Suspension of the Suspension Period or other Consequences for reasons other than Guilt.

10.6.1 Substantial assistance for the discovery or demonstration of violations of the anti-doping rules.

10.6.1.1 An Anti-Doping Organisation with responsibility for the management of results in case of an infringement of the anti-doping rules may, before the final judgment of appeal is issued under Article 13 or end the time limit set for the appeal, to suspend a part of the suspension period imposed in specific cases where a Sportsman or other Person has provided a substantial Aid to an Anti-Doping Organisation, criminal authority or body professional discipline, thus allowing the Anti-Doping Organization to discover or dealing with a breach of the anti-doping rules committed by another Person or; (ii) a criminal authority or professional disciplinary body to discover or deal with a criminal offence or a breach of the professional rules committed by another Person and that the information provided by the Person who has provided the Substantial Aid is made available to the Anti-Doping Organization responsible for managing results. Following a final judgment of appeal, pursuant to Article 13, or the end of the appeal period, the Anti-Doping Organisation may suspend only part of the suspension period which would be applicable, with the authorisation of the AMA and the Federation International affected. The extent to which the suspension period may be suspended shall be based on the seriousness of the infringement of the anti-doping rules committed by the Sportsman or other Person, and on the relevance of the Substantial Aid which they have provided the Sportsman or other Person in order to eradicate doping in sport. No more than three-quarters of the suspension period which would have been applicable may be suspended. If the suspension period which has been applied is for life, the period of suspension under this Article shall not be less than eight years. If the Sportsman or other Person does not offer the Substantial Aid on which the suspension of the Suspension period was based, the Anti-Doping Organisation which suspended the Suspension period will reset the original Suspension period. The decision of an Anti-Doping Organisation to restore or not a suspended suspension period may be appealed by any person entitled to appeal under Article 13.

10.6.1.2 To encourage Sportsmen and Others to offer substantial Assistance to Anti-Doping Organisations, at the request of the Anti-Doping Organisation which carries out results management or at the request of the Sportsman or other A person who has committed, or has been accused of committing, an infringement of the anti-doping rules, the AMA may accept, at any stage of the outcome management process, even after an appeal judgment has been issued in accordance with Article 13, What you consider to be an appropriate suspension of the Suspension period and other Consequences that would be otherwise applicable. In exceptional circumstances, the AMA may agree to suspensions of the Suspension period and other Consequences for Substantial Aid Exceeding those provided for in this Article, or even to establish any period of Suspension and/or non-refoulement. of the prize or the payment of fines or costs. The approval of the AMA will be subject to the reinstatement of the sanction, as provided for in this Article. Without prejudice to Article 13, the AMA's decisions in the context of this Article may not be appealed against by any other Anti-Doping Organisation.

10.6.1.3 If an Anti-Doping Organization suspends any part of a sanction applicable to the existence of substantial aid, it shall notify the other Anti-Doping Organizations with the right of appeal under of Article 13.2.3 as provided for in Article 14.2. In unique circumstances where the AMA determines that this would be in the best interests of anti-doping, it may authorize an Anti-Doping Organization to sign confidentiality agreements that limit or delay the disclosure of the anti-doping agreement. Substantial Help or the nature of the substantial Help being offered.

[Comment on article 10.6.1: The collaboration of the Sportsmen, their Support Staff and other people who acknowledge their mistakes and are willing to bring to light other violations of the anti-doping rules is important to get a clean sport.

This is the only circumstance that collects the Code by which the suspension of a suspension period that would otherwise be applicable may be authorized.]

10.6.2 Confession of an Infraction of the Anti-Doping Standards in Absence of Other Tests.

In the event that a Sportsman or other Person voluntarily admits to having committed an infringement of the anti-doping rules before receiving the notification of collection of a Sample which could prove an infringement of the anti-doping rules (or, in the event of an infringement of the anti-doping rules other than that provided for in Article 2.1, before receiving the first notice of the offence admitted under Article 7) and that that confession is the only reliable test of the time of the confession, the period of suspension may be reduced, but shall not be less than the half of the suspension period that could otherwise have been applied.

[Comment on article 10.6.2: This article will be applied when the Sportsman or other Person presents and admits the infringement of the anti-doping rules in the event that no Anti-Doping Organization is aware of any could commit any infringement of these rules. It shall not apply in circumstances where the confession occurs after the Sportsman or the other Person believes that the offence is about to be detected. The degree of reduction of the Suspension shall be based on the likelihood that the infringement of the Sportsman or other Person would have been detected if they have not been voluntarily submitted.]

10.6.3 Immediate Confession of an Infringement Of The Anti-Doping Rules after being Charged With A Sanctionable Infringement pursuant to Article 10.2.1 or 10.3.1.

In the event that a Sportsman or other Person potentially subject to a four-year sanction under Article 10.2.1 or 10.3.1 (for avoiding or rejecting the collection of Samples or for Manipulating the collection of Samples) confesses immediately the existence of the infringement of the anti-doping rules after being accused by an Anti-Doping Organisation, and after approval of both the AMA and the Anti-Doping Organisation responsible for the management of results, will be able to see its Suspension period up to a minimum of two years, depending on the seriousness of the infringement and the Guilt of the Sportsman or other Person.

10.6.4 Application of Multiple Causes for Reduction of a Sanction.

In the event that a Sportsman or other Person demonstrates their right to a reduction of the penalty by virtue of more than one provision of Article 10.4, 10.5 or 10.6, before applying any reduction or suspension under the Article 10.6, the suspension period which would otherwise have been applied shall be established in accordance with Articles 10.2, 10.3, 10.4 and 10.5. If the Sportsman or the other Person demonstrates their right to a reduction or suspension of the suspension period in accordance with Article 10.6, the penalty period may be reduced or suspended, but never less than a quarter of the period Suspension that could have been applied otherwise.

[Comment on Article 10.6.4: The corresponding sanction will be decided by four steps. Firstly, the court of experts will determine which of the basic sanctions (Article 10.2, 10.3, 10.4 or 10.5) will apply to this particular infringement of the anti-doping rules. Second, if the basic sanction provides for different degrees of sanctions, the court of experts shall determine the sanction applicable within an interval according to the degree of culpability of the Sportsman or the other Person. In the third stage, the court of experts will determine whether there is a basis for an annulment, suspension or reduction of the sanction (Article 10.6). Finally, the court of experts will decide on the beginning of the period of suspension according to the article 10.11.

In Appendix 2 there are several examples of how Article 10 should be applied.]

10.7 Multiple Infraactions.

10.7.1 In the event of a second violation of the anti-doping rules by a Sportsman or other Person, the suspension period shall be the longest of the following:

a) Six months;

(b) half of the suspension period imposed on the first infringement of the anti-doping rules without taking into account any reduction under Article 10.6; or

(c) double the period of suspension that would be applied to the second infringement considered as a first infringement, without taking into account any reduction under Article 10.6.

The suspension period previously set may be further reduced by the application of Article 10.6.

10.7.2 The existence of a third infringement of the anti-doping rules will always lead to the suspension for life, except if this third infringement meets the conditions of elimination or reduction of the suspension period Article 10 (4) or 10 (5) or Article 4 (5) of Regulation (EC) No 105/ In these specific cases, the suspension period will be from eight years to the Suspension for life.

10.7.3 An infringement of the anti-doping rules in relation to which a Sportsman or other Person has demonstrated the Absence of Culpa or of Negativa shall not be considered an earlier infringement for the purposes of this Article.

10.7.4 Additional Rules For Certain Potentially Multiple Violations.

10.7.4.1 In order to establish penalties under Article 10.7, an infringement of the anti-doping rules will only be considered as a second infringement if the Anti-Doping Organisation succeeds in proving that the Sportsman, or Person, has committed a second infringement of the anti-doping rules after receiving notification of the first infringement under Article 7, or after the Anti-Doping Organisation has reasonably tried to present that notification of the first infringement. Where an Anti-Doping Organisation fails to demonstrate this fact, the infringements must be regarded as a single and first infringement as a whole, and the penalty imposed shall be based on the offence involving the most severe penalty.

10.7.4.2 If, following the imposition of a penalty for a first violation of the anti-doping rules, an Anti-Doping Organisation discovers facts relating to an infringement of the anti-doping rules by the Sportsman or another Person committed prior to the notification corresponding to the first infringement, the Anti-Doping Organisation shall impose an additional penalty based on the sanction which could have been imposed if both infringements were established. time. The results obtained in all the Competitions which are traced to the first infringement shall entail the Annulment as provided for in Article 10.8.

10.7.5 Multiple violations of the Anti-Doping Standards for a Period of Ten Years.

For the purposes of Article 10.7, each infringement of the anti-doping rules must have occurred within the same 10-year period so that they can be considered as multiple infringements.

10.8 Results in Competitions after the collection of samples or the Commission from an Infraction of the Anti-Doping Standards.

In addition to the automatic cancellation of the results obtained in the Competition during which a positive sample was detected pursuant to Article 9, all other results obtained from the date on which it was collected A positive sample (in Competition or Out of Competition) or from the date on which another infringement of the anti-doping rules has taken place shall be annulled, with all the Consequences resulting therefrom, including the removal of all medals, points and prizes, until the beginning of any Provisional Suspension or Suspension period, except for reasons of equity.

[Comment on Article 10.8: In no case does the Code prevent Sportsmen or other Persons from being harmed by the actions of a Person who has infringed anti-doping rules to assert the rights they would have been granted. if the offence has not been committed and sue that Person for damages.]

10.9 Reimbursement of TAD-Adjudicated Expenses and Fraudulently Obtained Awards.

The priority for the reimbursement of the costs awarded by the TAD and the amount of prizes awarded fraudulently will be as follows: first, payment of the costs awarded by the TAD; second, the reallocation of the prize amount fraudulently obtained to other Sportsmen if the rules of the relevant International Federation so provide; and thirdly, the reimbursement of the costs of the Anti-Doping Organisation The results management of the case is performed.

10.10 Economic Consequences.

Anti-Doping organisations may, in their own rules, consider the proportionate recovery of the costs incurred in the case of infringements of the anti-doping rules. However, they will only be able to impose economic sanctions in cases where the maximum suspension period that would otherwise have been applied has already been imposed. Economic sanctions may only be imposed if the principle of proportionality is satisfied and cannot be considered as a basis for the reduction of the suspension or other sanction that would otherwise be applied under the Code.

10.11 Start of Suspension Period.

Except as set forth below, the Suspension period shall begin on the date on which the final decision of the procedure is given or, if the hearing is waived, on the date on which the Suspension is accepted or imposed.

10.11.1 Delays not attributable to the Sportsman or other Person.

In the event of an important delay in the hearing process or in other aspects of Doping Control not attributable to the Sportsman or other Person, the instance imposing the sanction may initiate the period of Suspension at an earlier date, being initiated even on the date of collection of the sample in question or on the date on which a subsequent infringement of the anti-doping rules has been committed. All results obtained In the Competition during the suspension period, including the retroactive suspension, shall be annulled.

[Comment to 10.11.1: In cases of violations of the anti-doping rules other than those provided for in Article 2.1, the time required for an Anti-Doping Organization to discover and develop sufficient data to determine the existence of such an infringement may be prolonged, particularly if the Sportsman or the other Person has taken measures to prevent detection. In these circumstances, the flexibility provided for in this Article should not be used to initiate the sanction at an earlier date.]

10.11.2 Immediate Confession.

In case the Sportsman or the other Person immediately confesses (which, in all cases in which it is a Sportsman, means before the Sportsman recompetes) the infringement of the anti-doping rule after have been formally notified by the Anti-Doping Organisation, the period of suspension may already commence from the date of collection of the sample or from the date on which another subsequent infringement of the anti-doping rules has been committed. However, in cases where this Article applies, the Sportsman or the other Person shall, at least, be in the middle of the suspension period, counted from the date on which the Sportsman or the other Person accepts the imposition of the sanction, from the date of the decision of the procedure imposing the sanction or from the date on which the sanction was imposed. This article does not apply when the suspension period has already been reduced by Article 10.6.3.

10.11.3 Deduction for a Provisional Suspension or for the Suspension Period to be met.

10.11.3.1 If a Provisional Suspension is imposed on the Sportsman or other Person, and he respects it, that period of Provisional Suspension may be deducted from any other period of Suspension which is definitively imposed on him. If a period of Suspension is fulfilled by virtue of a decision that is subsequently appealed, that period of Suspension may be deducted from any other that is definitively imposed on appeal.

10.11.3.2 If a Sportsman or other Person voluntarily accepts in writing a Provisional Suspension issued by an Anti-Doping Organization with authority for the management of results and respects the Provisional Suspension, the Sportsman or other Person shall benefit from the deduction from the suspension period which is definitively imposed on you. Each involved party who must be notified of the existence of a possible infringement of the anti-doping rules under Article 14.1 shall immediately receive a copy of the voluntary acceptance of the Provisional Suspension.

[Comment on Article 10.11.3.2: The voluntary acceptance of a Provisional Suspension by a Sportsman does not constitute a confession, and will not be used in any case to draw any conclusions against the Sportsman.]

10.11.3.3 No fraction of the suspension period shall be deducted for any period prior to the entry into force of the provisional or voluntary suspension, regardless of whether the Sportsman has decided not to compete. or has been suspended by your team.

10.11.3.4 In Team Sports, if a period of Suspension is imposed on a team, unless the equity requires otherwise, that period shall be initiated on the date of the final decision of the hearing imposing the Suspension or, in the event of the waiver of the hearing, on the date on which the suspension is accepted or otherwise imposed. Any period of Provisional Suspension of a team (either imposed or voluntarily accepted) may be deducted from the total Suspension period to be met.

[Comment on Article 10.11: Article 10.11 makes it clear that delays not attributable to the Sportsman, immediate confession by him and the Provisional Suspension constitute the only justifications for starting the Suspension period before the date on which the final decision is made.]

10.12 Status during a Suspension.

10.12.1 Prohibition of participation during a Suspension. During the period of suspension, no Sportsman or other Person may participate, in any capacity, in any Competition or activity (except authorization to participate in educational or rehabilitation programs) authorized or organized by one of the Signatories, or by members of the Signatory, or by a club or other organisation belonging to an organisation of a Signatory member, or in Competitions authorised or organised by any professional league or any organiser of National or International events or in any national level sports activities funded by a public body.

A Sportsman or other Person who has a suspension of more than four years may, after four years of suspension, take part in local sporting events in a sport other than in which he has committed the offence of the anti-doping rules, but only if the local sporting event does not develop at a level where the Sportsman or the other Person in question is likely to be directly or indirectly classified for a national championship or an International Event (or to accumulate points for classification) and it does not mean that the Sportsman or other Person works in quality with Minors.

Athletes or other persons who are required to hold a suspension period shall continue to be the subject of Controls.

[Comment on article 10.12.1: For example, subject to the provisions of article 10.12.2 below, a Suspended Sportsman may not participate in training camps, exhibitions or activities organized by his or her National Federation or clubs that belong to it or are funded by a public body. Also, the Suspended Sportsman will not be able to compete in a non-Signatory professional league (for example, the National Hockey League, the National Basketball Association, etc.), in Events organized by international non-signatory entities or (a) national without this being the case for the Consequences provided for in Article 10.12.3. The term "activity" also includes, for example, administrative activities, such as holding the office of an official, counselor, manager, employee or volunteer in the organization described in this Article. Suspensions imposed on a sport will also be recognized by other sports (see article 15.1, Mutual Recognition).]

10.12.2 Return to Workouts.

As an exception to Article 10.12.1, a Sportsman may return to training with a team or the use of a club or other member organisation's member organisation of a Signatory for: 1) the last two months of the suspension period of the Sportsman, or 2) the last quarter of the suspension period imposed, if this time was lower.

[Comment on article 10.12.2: In many Team Sports and some individual sports (for example, ski jumping or gymnastics), a Sportsman cannot train effectively alone to be ready for the Competition at the end of the suspension period. During the training period described in this Article, a Suspended Sportsman will not be able to compete or perform any of the activities described in article 10.12.1 other than training.]

10.12.3 Infraction of the Ban on Participating during the Suspension Period.

In the event that the Sportsman or the other Person to whom a Suspension has been imposed infringes the prohibition on participation during the period of Suspension described in Article 10.12.1, the results of such participation A new suspension period with a duration equal to that of the original suspension period shall be added and added at the end of the original suspension period. The new suspension period may be reduced on the basis of the degree of culpability of the Sportsman or the other Person and other circumstances of the case. The decision on whether the Sportsman or the other Person has infringed the ban on participation shall be taken by the Anti-Doping Organisation which has managed the results leading to the initial suspension period. This decision may be appealed under Article 13.

In the event that a Person of Support to the Sportsman or other Person substantially helps a Sportsman violate the prohibition of participation during the Suspension period, a Anti-Doping Organization with jurisdiction on that Person of Support to the Sportsman or other Person may impose sanctions under Article 2.9 for having provided such aid.

10.12.4 Withdrawal of Economic Aid during the Suspension period.

In addition, in the event of any infringement of the anti-doping rules other than a reduced penalty as described in Article 10.4 or 10.5, the Person shall be deprived of all or part of the financial or financial support. Other advantages related to their sports practice coming from the Signatories, members of the Signatory organisations and governments.

10.13 Automatic Publication of Santion.

A mandatory part of each penalty will be its automatic publication as provided for in Article 14.3.

[Comment on Article 10: Harmonization of Sanctions has been one of the most discussed and debated areas of anti-doping. Harmonisation means that the same rules and criteria apply to assess the same specific facts in each case. The arguments against the need for harmonisation of sanctions are based on the differences between sports disciplines, such as the following: in some sports, the Sportsmen are professionals who earn a salary considerable practice in their sport and in others the Sportsmen are amateurs; in the sports in which the career of the Sportsman is short, the period of suspension has a much more significant effect for the Sportsman than in the sports in the that the races are traditionally longer. One of the main arguments in favour of harmonisation is basically that it is unreasonable for two sportsmen in the same country to test positive for the same banned substance under similar conditions, to receive different sanctions only because participate in different sports. In addition, the flexibility in the imposition of sanctions has often been seen as an occasion for some sporting organisations to take advantage, in an unacceptable way, to be more tolerant towards those who are doped. The lack of harmonisation of sanctions has frequently been the source of jurisdictional conflicts between International Federations and National Anti-Doping Organizations.]

Article 11. Penalties for teams.

11.1 Team Sports Controls.

When more than one member of a team in a Team Sport has been notified of an infringement of the anti-doping rules pursuant to Article 7 in relation to an Event, the body responsible for the event shall make the Targeted Controls while the Event is being held.

11.2 Consequences for Team Sports.

If it turns out that more than two members of a Team Sport have committed an infringement of the anti-doping rules during the Duration of an Event, the body that runs said Event will impose appropriate sanctions on the team (by Example, loss of points, Annulment of the results of a Competition or Event or other sanction), in addition to other Consequences that are individually imposed on the Sportsmen who have committed the offence.

11.3 The body responsible for the Event will be able to impose more stringent consequences for Team Sports.

The body responsible for an Event may establish rules with stricter penalties for Team Sports than those specified in Article 11.2.

[Comment on Article 11.3: For example, the International Olympic Committee can establish rules according to which an Olympic team can be disqualify even if it has committed a smaller number of Olympic Games violations. the anti-doping rules for the duration of the Games.]

Article 12. Penalties for sports organisations.

Nothing in the Code prevents any Signatory or member of a Signatory or government that has accepted the Code from applying its own rules for the purpose of imposing sanctions on a sports organization that is dependent on their jurisdiction.

[Comment on Article 12: This article makes it clear that the Code does not restrict any existing disciplinary rights between organizations.]

Article 13. Appeals.

13.1 Decisions subject to appeal.

Decisions taken pursuant to the Code or in application of the rules adopted pursuant to the Code may be appealed in accordance with the procedures laid down in Articles 13 (2) to 13 (4) or provisions of the International Code or Standards. The decisions to be made shall remain in force during the appeal proceedings unless the appeal body decides otherwise. Before the opening of the appeal proceedings, all possibilities for reviewing the decision provided for in the rules of the Anti-Doping Organisation must have been exhausted, provided that these procedures respect the principles set out in the Article 13.2.2 below (except as provided for in Article 13.1.3).

13.1.1 Inexistence of limitation in the scope of the Review.

The scope of the review on appeal includes all the relevant aspects of the case, without being limited to the issues you have seen or the scope of application applied to the instance responsible for the initial decision.

13.1.2 The TAD will not be bound by the results that are being appealed.

To take its decision, the TAD has no obligation to submit to the criteria of the body whose decision is being appealed.

[Comment to 13.1.2: TAD processes are de novo. The processes listed below do not limit the test or have any weight in the hearing before the TAD.]

13.1.3 AMA law not to exhaust internal pathways.

In case the AMA has the right to appeal under Article 13 and no other party has appealed a final decision within the procedure managed by the Anti-Doping Organization, the AMA may appeal that decision. directly to the TAD without the need to exhaust other routes in the process of the Anti-Doping Organization.

[Comment on Article 13.1.3: If a judgment is given before the final phase of the process opened by an Anti-Doping Organization (for example, in a first instance) and neither party decides to make that decision before the next level of the Anti-Doping Organization procedure (e.g., the Court of Appeal), the AMA will be able to omit the remaining steps of the Anti-Doping Organization's internal process and appeal directly to the TAD.]

13.2 Appeals of the Infringement Decisions of the Anti-Doping Rules, Consequences and Provisional Suspensions, Recognition of Decisions and Jurisdiction.

A decision on an infringement of the anti-doping rules, a decision imposing or not imposing Consequences as a result of an infringement of the anti-doping rules or a decision establishing that it has not been committed no infringement of the anti-doping rules; a decision establishing that an open procedure for an infringement of the anti-doping rules will not be able to continue for procedural reasons (including, for example, a prescription); the AMA decision not to grant an exception to the notification requirement at an advance of six months for a Sportsman to be able to return to the Competition in accordance with Article 5.7.1; a decision of the AMA to transfer the results management provided for in Article 7.1; a decision taken by an Anti-Doping Organisation not to continue with the processing of an adverse analytical result or of an Atypical Result as an infringement of the anti-doping rules or not to continue processing an infringement of the anti-doping rules after carrying out an investigation pursuant to Article 7.7; decision on the imposition of a provisional suspension after a preliminary hearing or by infringement of the provisions of Article 7.9; a decision on the lack of jurisdiction of an Anti-Doping Organisation to decide in relation to an alleged infringement of the anti-doping rules or their Consequences; a decision to suspend; or not to suspend, a period of suspension to restore, or not to restore, a suspension period suspended in accordance with Article 10.6.1; a decision taken pursuant to Article 10.12.3; and a decision of an Anti-Doping Organisation not to recognise the decision of another Anti-Doping Organisation in accordance with Article 15, may be appealed in accordance with the procedures strictly provided for in this Article 13.2.

13.2.1 International Level Sportsman Appeals.

In cases arising from participation within an International Event or in cases where International Level Sportsmen are involved, the decision may be made only before the TAD.

[Comment on Article 13.2.1: TAD decisions are executive and final, except for the process of annulment or recognition of an arbitral judgment as required by applicable law.]

13.2.2 Appeals relative to other Sportsmen or other Persons.

In cases where Article 13.2.1 is not applicable, the decision may be brought before an independent and impartial body in accordance with the regulations established by the National Anti-Doping Organization. The rules for this type of resource must comply with the following principles:

• Hearing within a reasonable time;

• right to be heard by a fair and impartial court of experts;

• Person's right to be represented by a lawyer at their cost;

• right to a reasoned and written decision within a reasonable time.

[Comment on Article 13.2.2: An Anti-Doping Organization may choose to respect this article by contemplating the right of appeal directly to the TAD.]

13.2.3 People with Right to Recorder.

In the cases described in Article 13.2.1, the following parties shall be entitled to use the TAD: (a) the Sportsman or other Person on whom the decision to be appealed is to be made; (b) the opposing party in the proceedings in which the decision has been made; (c) the International Federation; (d) the Anti-Doping Organisation of the country of residence of that Person or of the countries from which that Person is a citizen or is licensed by that Person; (e) the International Olympic Committee or the International Paralympic Committee, if applicable, and where the decision may have an effect on the Olympic Games or the Games Paralympics, in particular decisions affecting the possibility of participating in them; and (f) the AMA.

In the cases provided for in Article 13.2.2, the parties entitled to appeal to the national appellate body shall be those provided for in the rules of the National Anti-Doping Organization, but shall include at least the following: (a) the Sportsman or other Person on which the decision to appeal is to be made; (b) the opposing party involved in the case in which the decision has been made; (c) the competent International Federation; (d) the Anti-Doping Organisation of the country of residence of that Person; (e) the International Olympic Committee or the International Paralympic Committee, where appropriate, if the decision may affect the Olympic Games or the Paralympic Games, and the decisions affecting the right to the Olympic Games are included. participate in the Olympic Games or the Paralympic Games, and (f) the AMA. For the cases referred to in Article 13.2.2, the AMA, the International Olympic Committee, the International Paralympic Committee and the International Federation may appeal to the TAD for a decision rendered by an instance of national appeal. Any party submitting an appeal shall have the right to receive assistance from the TAD in order to obtain all relevant information from the Anti-Doping Organisation whose decision is being appealed, and such information shall be provided if the TAD orders it.

The appeal submission deadline submitted by the AMA will be the last of the following:

a) Twenty-one days after the last day on which any of the other parties involved may have appealed, or

b) twenty-one days after the AMA's receipt of the complete decision related to the decision.

Notwithstanding any provision provided for in this Code, the only Person authorized to use a Provisional Suspension is the Sportsman or Person to whom the Provisional Suspension is imposed.

13.2.4 Cross-Appeals And Subsequent Appeals.

The possibility of cross-appeal or subsequent appeal is specifically permitted in cases filed with the TAD in accordance with the Code. Any party with the right to appeal under this Article 13 must file a cross-appeal or subsequent appeal at the latest with the party's response.

[Comment to 13.2.4: This provision is necessary because since 2011 the TAD rules no longer grant the Sportsman the right to appeal when an Anti-Doping Organization makes a decision once it has expired. the appeal period of the Sportsman. This provision allows all parties to be heard fully.]

13.3 No Issue of the Anti-Doping Organization Decision within the Established Term.

If, in a particular case, an Anti-Doping Organization does not issue an opinion on whether an infringement of the anti-doping rules has been committed within a reasonable time limit set by the AMA, the AMA may choose to appeal directly to the TAD, as if the Anti-Doping Organisation had ruled that there has been no infringement of the anti-doping rules. If the TAD expert court determines that if there has been such an infringement and that the AMA has acted reasonably in deciding to directly appeal to the TAD, the Anti-Doping Organization will reimburse the AMA for the cost of the trial and the lawyers. for this resource.

[Comment on Article 13.3: In the light of the different circumstances surrounding each investigation of infringement of the anti-doping rules and the outcome management process, it is not feasible to set a fixed deadline for the Anti-Doping organisation issues an opinion before the AMA intervenes directly by using the TAD. However, before taking this measure, the WADA will consult with the Anti-Doping Organisation and will provide this opportunity to explain why it has not yet taken a decision on this matter. Nothing in this article prohibits an International Federation from also establishing rules that authorize it to assume the jurisdiction of matters in which the management of results performed by one of its National Federations unduly delayed.]

13.4 Appeals Relating to AUTs.

Decisions relating to AUTs may be appealed only in accordance with the provisions of Article 4.4.

13.5 Notification of Appeal Decisions.

Any Anti-Doping Organisation which intervenes as part of an appeal must immediately forward the appeal decision to the Sportsman and the other Anti-Doping Organisations who would have been entitled to appeal under of Article 13.2.3, as provided for in Article 14.2.

13.6 Appeals of Decisions adopted under the Third and Fourth Parties of the Code.

Regarding possible non-compliance reports of the AMA pursuant to Article 23.5.4 or any Consequence arising from the Third Party of the Code (Roles and Responsibilities), the entity to which the report of the AMA or that has to deal with such Consequences under the Third Party of the Code shall have the right to resort exclusively to the TAD, in accordance with the applicable provisions to this instance.

13.7 Appeals of the Decisions on Suspension or Revocation of the Accreditation of a Laboratory.

The AMA's decisions on the suspension or revocation of the accreditation of a laboratory may only be challenged by the laboratory in question and exclusively before the TAD.

[Comment on Article 13: The object of this Code is that the issues of anti-doping are resolved through fair and transparent internal processes that can be challenged. Anti-doping decisions taken by the Anti-Doping Organisations shall comply with the principle of transparency in accordance with Article 14. The persons and organisations indicated, including the AMA, have the opportunity to make such decisions. It should be noted that the definition of persons and organisations entitled to appeal does not include the Sportsmen, or their federations, who may benefit from the disqualification of another competitor.]

Article 14. Confidentiality and communication.

The principles of coordination of anti-doping results, public transparency and accountability and respect for the right to privacy of all Sportsmen or Others are:

14.1 Information on Adverse Analytical Results, Atypical Results, and other potential violations of anti-doping rules.

14.1.1 Notification of violations of anti-doping rules to Sportsmen and Others.

The form and manner of notification shall be that provided for in the rules of the Anti-Doping Organization responsible for managing results.

14.1.2 Notification of violations of anti-doping rules to National Anti-Doping Organizations, International Federations and WADA.

The same Anti-Doping Organization will also report to the National Anti-Doping Organization, the International Federation and the AMA of the allegation that there has been an infringement of the anti-doping rules. simultaneously with the notification to the Sportsman or the other Person.

14.1.3 Content of the notification regarding the violation of the anti-doping rules.

The notification must include: the name, the country, the sport and the discipline of the Sportsman, the competitive level of the sport, the indication that the Control has been carried out on the Competition or Out of the Competition, the date of the collection of the Sample, the Analytical Result communicated by the laboratory and any other information required by the International Standard for Controls and Investigations or for violations of the anti-doping rules other than those contemplated in Article 2.1, the infringement rule and the grounds for the infringement.

14.1.4 Reports on the progress of the procedure.

Except for investigations that have not led to the notification of an infringement of the anti-doping rules under Article 14.1.1, the Anti-Doping Organisations referred to in Article 14.1.2 shall be informed. periodically of the state of the procedure, its evolution and the results of the processes undertaken under Article 7, 8 or 13, and these same Persons and Anti-Doping Organizations shall immediately receive an explanation or resolution motivated and in writing in which the resolution of the case is communicated to them.

14.1.5 Confidentiality.

The organizations to which this information is intended will not be able to disclose it beyond the persons who need to know it (which may include the corresponding staff of the National Olympic Committee, the National Federation and the National Federation of National Olympic Committees). the team in Team Sports) until the Anti-Doping Organization responsible for performance management makes a Public Disclosure or refuses to make a Public Disclosure, as provided for in Article 14.3.

[Comment on Article 14.1.5: Each Anti-Doping Organization will establish, within its own anti-doping rules, procedures to protect confidential information and to investigate and impose disciplinary sanctions in case of undue disclosure of confidential information by any employee or agent of the Anti-Doping Organization.]

14.2 Notification of decisions regarding violations of anti-doping rules and application for documentation.

14.2.1 Decisions concerning infringements of the anti-doping rules adopted pursuant to Article 7.10, 8.4, 10.4, 10.5, 10.6, 10.12.3 or 13.5 shall include a detailed explanation of the reasons for the decision and, where appropriate, a justification for the reason why the maximum potential penalty has not been imposed. Where the decision is not drawn up in English or French, the Anti-Doping Organisation shall provide a short summary of the decision and the reasons for the decision in those languages. This notification shall be delivered simultaneously with the notification to the Sportsman or other Person.

14.2.2 An Anti-Doping Organization with the right to appeal a decision received pursuant to Article 14.2.1 may, within 15 days of receipt, request a complete copy of the documentation relating to the decision.

14.3 Public Disclosure.

14.3.1 The identity of any Sportsman or other Person charged by a Commission Anti-Doping Organization of an infringement of any anti-doping rule may be publicly disclosed by the Anti-Doping Organization. responsible for the management of results after such circumstances have been communicated to the Sportsman or the other Person in accordance with Article 7.3, 7.4, 7.5, 7.6 or 7.7, and the corresponding Anti-Doping Organisations under Article 14.1.2.

14.3.2 Not later than 20 days after it has been determined, within the framework of a final appeal decision referred to in Article 13.2.1 or 13.2.2 or when such an appeal has been waived or the conclusion of an appeal Hearing in accordance with Article 8, or the allegation that an infringement of an anti-doping rule has occurred in time, the Anti-Doping Organisation responsible for the management of the results shall publicly disclose the nature of this case of infringement of the anti-doping rules, including sport, the anti-doping rule infringed, the name of the Sportsman or the other Person who has committed an offence, the Prohibited Substance or the Forbidden Method involved and the Consequences imposed. The same Anti-Doping Organisation must also publicly communicate within 20 days the results of the final appeal decisions relating to infringements of the anti-doping rules, incorporating the information described above.

14.3.3 In the event that it is demonstrated, following an Hearing or Appeal, that the Sportsman or the other Person has not committed any infringement of the anti-doping rules, the decision may be publicly disclosed only with the consent of the of the Sportsman or the other Person on which that decision is to be made. The Anti-Doping Organisation with responsibility for performance management shall make every reasonable effort to obtain such consent and, if successful, publicly disclose the decision in full or in a manner written in a manner they accept the Sportsman or the other Person.

14.3.4 The publication shall be carried out at least by displaying the necessary information on the Anti-Doping Organisation website and leaving it exposed for one month or the duration of any suspension period, if this is not the case. higher.

14.3.5 No Anti-Doping Organization, or AMA accredited laboratory, or personnel of any of these entities, will publicly comment on the specific data of any pending cases (other than a general description of the process and its scientific aspects, except in response to public comments attributed to the Sportsman, the other Person or their representatives.

14.3.6 The mandatory public communication required in 14.3.2 will not be necessary when the Sportsman or other Person found guilty of having committed an infringement of the anti-doping rules is a Minor. Public communication in a case involving a Minor shall be proportionate to the facts and circumstances of the case.

14.4 Statistics Communication.

The Anti-Doping Organisations must, at least once a year, publish a general statistical report on their doping control activities, providing a copy to the AMA. The Anti-Doping Organisations may also publish reports indicating the name of each Sportsman subject to the Controls and the date on which each of them has been carried out. At least once a year, the AMA will publish statistical reports summarising the information it receives from the Anti-Doping Organisations and the laboratories.

14.5 Information Center on Doping Control.

The AMA will act as the information center for all the data and results of the Doping Control, such as data corresponding to the biological passport, on the International and National Level Sportsmen, and information on the location/whereabouts of the Sportsmen included in the Control Group. In order to facilitate the coordination of the planning of the distribution of the controls and to avoid unnecessary duplicity by various Anti-Doping Organizations, each Anti-Doping Organization will communicate all the checks carried out Competition and In Competition to the AMA information center using ADAMS or other system approved by the AMA, immediately after the realization of such Controls. This information will be made available to the Sportsman, the National Anti-Doping Organization and the International Federation of the Sportsman and other Anti-Doping Organizations with authority to practice Controls to the Sportsman.

In order to be able to act as an information center on the data of the Anti-Doping Controls and the decisions derived from the results management, the AMA has created a database management system, ADAMS, which respects the principles of confidentiality of information. In particular, the AMA has developed the ADAMS system in accordance with regulations and rules on confidentiality of information applicable to the AMA and other organisations using the ADAMS system. Personal information about Sportsmen, Sportsmen and Other Persons involved in anti-doping activities will be retained by the AMA, under the supervision of Canadian privacy authorities, in the most strict confidentiality and in accordance with the International Standard for the Protection of Privacy and Personal Information.

14.6 Confidentiality of data.

Anti-Doping Organisations may obtain, store, process or disclose personal data of Sportsmen and other Persons where necessary and appropriate to carry out the anti-doping activities provided for in the Code and International Standards (including specifically the International Standard for the Protection of Privacy and Personal Information) and in compliance with relevant legislation.

[Comment on 14.6: Note that Article 22.2 provides that "all governments shall establish an appropriate legal basis for the cooperation and sharing of information with the Anti-Doping Organizations and the pooling of information". of data between the Anti-Doping Organisations in accordance with the Code ".]

Article 15. Application and recognition of decisions.

15.1 Without prejudice to the right of appeal provided for in Article 13, the Controls, the decisions of the Audiences and any other final decision dictated by a Signatory shall be applicable throughout the world and shall be recognised and respected by all other Signatories, in so far as they are in conformity with the provisions of the Code and correspond to the field of competence of that Signatory.

[Comment on Article 15.1: The degree of recognition of the AUT decisions of other Anti-Doping Organizations will be determined by Article 4.4 and the International Standard for Use Authorizations Therapeutic.]

15.2 Signatories will accept measures taken by other bodies that have not accepted the Code if the standards of those other bodies are compatible with the Code.

[Comment on Article 15.2: When the decision of a body that has not accepted the Code complies only in certain respects, the Signatories should try to apply the decision in harmony with the principles of the Code. For example, if during a procedure under the Code a non-Signatory detects that a Sportsman has committed an infringement of the anti-doping rules for the presence of a Prohibited Substance in his body, but the period of Suspension applied is shorter than that set out in the Code, all Signatories must acknowledge the finding of an infringement of the anti-doping rules, and the National Anti-Doping Organisation for the Sportsman must open a Review in accordance with the Article 8 to decide whether to impose the longest suspension period on the basis of the provisions in the Code.]

Article 16. Control of the doping of animals participating in sports competitions.

16.1 In all sports in which the animals participate in the Competition, the International Federation of the sport in question must establish and apply anti-doping rules for the participating animals. The anti-doping rules shall include a List of Bans, the Control Procedures adopted and a list of laboratories authorised to carry out samples analysis.

16.2 As regards the determination of infringements of anti-doping rules, the management of results, the conclusion of fair hearings and their consequences, as well as the resources in relation to the animals involved in sport, it shall be for the International Federation of the sport concerned to establish and apply rules which are in accordance with Articles 1, 2, 3, 9, 10, 11, 13 and 17 of the Code as a whole.

Article 17. Limitation period.

No process may be initiated for infringement of the anti-doping rules against a Sportsman or against another Person unless the latter has been notified of the Infraction of the Anti-Doping Rules in accordance with the provisions of the Article 7, or have been reasonably tried to notify within a period of ten years from the date on which the alleged infringement was committed.

SECOND PART

Education and research

Article 18. Education.

18.1 Basic principle and primary objective.

Information and education programmes for a sport without doping aim to preserve the sporting spirit, as described in the Introduction of the Code, avoiding its perversion for doping. The primary objective of such programmes is prevention. The goal will be to prevent Sportsmen from voluntarily or unintentionally using prohibited Substances and Prohibited Methods.

Information programmes should focus on providing the basic information described in Article 18.2 to the Sportsmen. Education programmes will have the main objective of prevention. Prevention programs will be based on values and will target Sportsmen and Sportsmen, focusing particularly on young people through their implementation in the academic curriculum.

All Signatories shall, in accordance with their means and their competences, and in mutual collaboration, plan, implement, assess and monitor information, education and prevention programmes to achieve a sport without doping.

18.2 Programs and Activities.

These programs should provide Sportsmen and others with up-to-date and accurate information about at least the following issues:

• Substance and Methods of the Bans List;

• breaches of anti-doping rules;

• consequences of doping, such as health and social sanctions;

• Doping Control Procedures;

• Rights and responsibilities of Sportsmen and their Support Staff;

• authorizations for Therapeutic Use;

• managing the risks posed by nutritional supplements;

• the tort involved in doping for the sporting spirit.

• applicable requirements regarding the location/whereabouts of the Sportsmen.

The programmes should promote the spirit of sport with the aim of creating an environment which will strongly lead to a sport without doping and which will have a positive and long-term influence on the decisions taken by Sportsmen and other People.

Prevention programmes should be directed primarily, in an appropriate manner for their stage of development, to young people belonging to sports clubs and clubs, parents, adult sportsmen, sports authorities, trainers, medical staff and media.

Sportsman Support Personnel should form and advise Sportsmen on the anti-doping policies and rules adopted under the Code.

All Signatories should promote and support the active participation of Sportsmen and their Support Personnel in educational programs for a sport without doping.

[Comment on Article 18.2: Information and educational programs against doping should not be limited to National or International Level Sportsmen, but should be addressed to all persons, including young people, who participate in sports activities under the authority of any Signatory, government or other sports organization that accepts the Code (see the definition of Sportsperson). These programs should also include the Sports Support Staff.

These principles are consistent with the UNESCO Convention on Education and Training.]

18.3 Codes of professional conduct.

All Signatories will collaborate with each other and with governments to support relevant and competent professional associations and institutions able to develop and implement appropriate Codes of Conduct, good practices and ethics related to sports practice and the fight against doping, as well as sanctions that are consistent with those of the Code.

18.4 Coordination and cooperation.

The AMA will act as a central information center on documentary and educational resources and/or programs created by the AMA or Anti-Doping Organizations.

All Signatories, Sportsmen and Others will cooperate with each other and with governments to coordinate their efforts with regard to information and anti-doping education in order to share experiences and ensure the effectiveness of these programmes in preventing doping in sport.

Article 19. Research.

19.1 Purpose and objectives of anti-doping research.

Anti-doping research contributes to the development and implementation of efficient doping control programmes, but also information and education for a sport without doping.

All Signatories shall, in mutual cooperation and with governments, encourage and promote such investigations and take all reasonable steps to ensure that the results of such research are used for pursue objectives consistent with the principles of the Code.

19.2 Types of research.

Relevant anti-doping research may consist, for example, in sociological, legal, ethical and behavioral studies, as well as medical, analytical and physiological research. Studies should be carried out to design and evaluate the effectiveness of physiological and psychological training programmes based on scientific methods which are consistent with the principles of the Code and which respect the integrity of individuals, as studies on the use of new occurrence substances or methods that arise as a result of scientific progress.

19.3 Coordination of research and sharing of results.

The coordination of anti-doping research through the AMA is essential. Without prejudice to intellectual property rights, copies of the results of the anti-doping studies shall be provided to the AMA and, if necessary, to the Signatories, Sportspersons and other interested parties.

19.4 Research practices.

Anti-doping research should adhere to internationally recognized ethical principles.

19.5 Research using Prohibited Substances and Prohibited Methods.

Anti-doping research should avoid the Administration of prohibited Substances or Forbidden Methods to a Sportsman.

19.6 Indue Use of Results.

Appropriate precautionary measures should be taken so that the results of the anti-doping investigation are not used for the benefit of doping.

THIRD PART

Roles and Responsibilities

[Comment: The Responsibilities of Signatories and Sportsmen or other Persons are described in various articles of the Code, and the responsibilities listed in this part are additional to those responsibilities.]

All Signatories shall act in a spirit of partnership and collaboration in order to ensure the success of the fight against doping in sport and respect for the Code.

Article 20. Additional roles and responsibilities of the signatories.

20.1 Roles and responsibilities of the International Olympic Committee.

20.1.1 Adopt and implement anti-doping policies and standards for the Olympic Games that comply with the provisions of the Code.

20.1.2 Require, as a recognition requirement for the International Olympic Committee, that the International Federations belonging to the Olympic Movement abide by the provisions of the Code.

20.1.3 Suspend all or part of Olympic funding to sports organizations that do not comply with the provisions of the Code.

20.1.4 Take appropriate measures to deter non-compliance with the Code, as provided for in Article 23.5.

20.1.5 Authorizing and facilitating the Independent Observer Program.

20.1.6 Require all Sportsmen and all Sportsmen to participate as a coach, fitness trainer, director, team staff, official and medical or paramedical staff involved in the Games Olympians who abide by anti-doping rules in accordance with the Code with binding status as a condition for participating in it.

20.1.7 To rigorously pursue any possible infringement of the anti-doping rules within its jurisdiction, including investigations into whether the Sports Support Staff or other Persons may be involved in the each doping case.

20.1.8 Accept bids for the holding of Olympic Games only from those countries whose governments have ratified, accepted, approved or acceded to the UNESCO Convention and whose National Olympic Committee, Paralympic Committee National and National Anti-Doping Organization act in accordance with the Code.

20.1.9 Promote anti-doping education.

20.1.10 Collaborate with competent national organizations and agencies and other Anti-Doping Organizations.

20.2 Roles and responsibilities of the International Paralympic Committee.

20.2.1 Adopt and implement anti-doping policies and standards for the Paralympic Games that comply with the provisions of the Code.

20.2.2 Require, as a requirement of recognition by the International Paralympic Committee, that the National Paralympic Committees belonging to the Paralympic Movement comply with the provisions of the Code.

20.2.3 Suspend all Paralympic funding to sports organizations that do not comply with the provisions of the Code.

20.2.4 Take appropriate measures to deter non-compliance with the Code, as provided for in Article 23.5.

20.2.5 Authorizing and facilitating the Independent Observer Program.

20.2.6 Require all Sportsmen and all Sportsmen to participate as a coach, fitness trainer, director, team staff, official and medical or paramedical staff involved in the Games Paralympics complying with the Code of binding anti-doping rules as a condition for such participation.

20.2.7 To rigorously pursue any possible infringement of the anti-doping rules within its jurisdiction, including investigations into whether the Sports Support Staff or other Persons may be involved in the each doping case.

20.2.8 Promote anti-doping education.

20.2.9 Collaborate with relevant national organizations and agencies and other Anti-Doping Organizations.

20.3 Roles and Responsibilities of International Federations.

20.3.1 Adopt and implement anti-doping policies and standards that comply with the provisions of the Code.

20.3.2 Require, as a membership requirement for the National Federations, that their rules, regulations and programs comply with the provisions of the Code.

20.3.3 Require all Sportsmen and each Supporting Person to participate as a coach, physical trainer, director, team staff, official and medical or paramedical staff involved in a Competition or an activity authorised or organised by the International Federation or by one of its member organisations which complies with the anti-doping rules in accordance with the Code and which is linked to them as a condition for participation.

20.3.4 Require Sportsmen who are not regular members of an International Federation or one of their affiliated National Federations to be available for the collection of Samples and to provide periodically accurate and up-to-date information on their location/whereabouts as part of the International Federation's Registered Control Group under the conditions to participate in the International Federation's establishment or, if appropriate, the Organization Responsible for Large Events.

[Comment on Article 20.3.4: Here would be included, for example, professional leagues ' Sportsmen.]

20.3.5 Require each of its National Federations to dictate rules requiring all Sportsmen and Support Persons to participate in the capacity of coach, physical trainer, director, team personnel, official, and medical or paramedical staff involved in a Competition or activity authorised or organised by a National Federation or by one of its member organisations which abide by the anti-doping rules in accordance with the Code and the competence for management of the results of the Anti-Doping Organization and are linked to them as a condition for participate.

20.3.6 Require National Federations to communicate any information regarding an infringement of the anti-doping rules to their National Anti-Doping Organization and to cooperate with any investigations conducted by any of them. Anti-Doping organization with authority to conduct the investigation.

20.3.7 Take appropriate measures to deter non-compliance with the Code, as provided for in Article 23.5.

20.3.8 Authorizing and supporting the Independent Observer Program at International Events.

20.3.9 Interrupt all or part of the funding of the affiliated National Federations that do not respect the Code.

20.3.10 To pursue strongly any possible infringement of the anti-doping rules within its jurisdiction, which includes investigating whether Persons Supporting Sportsmen or other Persons may be involved in each doping case, in order to ensure the proper execution of the Consequences, and to conduct an automatic investigation of the Sports Support Personnel in the event of any infringement of the anti-doping rules involving to a Minor or a Sportsman Support Staff who has provided support to more than one Sportsman found guilty of having committed an infringement of the anti-doping rules.

20.3.11 Do everything possible to grant World Championships only to those countries whose governments have ratified, accepted, approved or acceded to the UNESCO Convention, and whose National Olympic Committee, National Paralympic Committee and National Anti-Doping Organization act in accordance with the Code.

20.3.12 Promote anti-doping education, also requiring National Federations to offer anti-doping education in coordination with the National Anti-Doping Organization.

20.3.13 Collaborate with relevant national organizations and agencies and other Anti-Doping Organizations.

20.3.14 Co-operate fully with the AMA in connection with the investigations carried out by the AMA pursuant to Article 20.7.10.

20.3.15 Dispose of a disciplinary regulation and require the National Federations to have a disciplinary regulation to prevent the Personnel of Support to the Sportsmen who are using prohibited Substances or Methods Prohibited without valid justification offers support to Sportsmen within the competence of the International or National Federation.

20.4 Roles and responsibilities of the National Olympic Committees and National Paralympic Committees.

20.4.1 Ensure that your anti-doping policies and rules are in line with the provisions of the Code.

20.4.2 Require, as a condition for membership or recognition, that the anti-doping policies and rules of the National Federations comply with the provisions of the Code.

20.4.3 Respect the autonomy of the National Anti-Doping Organization of your country and not meddle in your operational decisions and activities.

20.4.4 Require National Federations to communicate any information regarding an infringement of the anti-doping rules to their National Anti-Doping Organization and to cooperate with any investigations conducted by any of them. Anti-Doping organization with authority to conduct the investigation.

20.4.5 Require, as a condition for participation in the Olympic and Paralympic Games, that at least the Sportsmen who are not regular members of a National Federation are available for the collection of Samples and provide information on their location/whereabouts required by the International Standard for Controls and Investigations as soon as the Sportsman is identified in the preselection or subsequent admission document presented in relation to the with the Olympic or Paralympic Games.

20.4.6 Co-operate with your National Anti-Doping Organization and work with your government to create a National Anti-Doping Organization if it does not yet exist, while the National Olympic Committee may assume responsibility. for a National Anti-Doping Organization.

20.4.6.1 In those countries that are members of a Regional Anti-Doping Organization, the National Olympic Committee, in collaboration with the government, will maintain an active support function with their respective Regional Organizations. Anti-doping.

20.4.7 Require each of its National Federations to dictate rules according to which all Sports Support Persons who participate in the capacity of coach, physical trainer, director, team personnel, official and medical or paramedical staff involved in a Competition or activity authorised or organised by a National Federation or by one of its member organisations, which abide by the anti-doping rules and the competence to manage the the results of an Anti-Doping Organisation, in accordance with the Code and linked to them as condition for such participation.

20.4.8 Interrupt all or part of the funding, during any period of Suspension, of any Sportsman or Sportsman who has infringed the anti-doping rules.

20.4.9 Interrupt in whole or in part the financing of affiliated or recognized National Federations that do not respect the Code.

20.4.10 To pursue with firmness any possible infringement of the anti-doping rules within its jurisdiction, which includes investigating whether the Sports Support Staff or other Persons may be involved in each Case of doping.

20.4.11 Promote anti-doping education, also requiring National Federations to offer anti-doping education in coordination with the National Anti-Doping Organization.

20.4.12 Collaborate with relevant national organizations and agencies and other Anti-Doping Organizations.

20.4.13 Contar with a Disciplinary Regulation and require National Olympic Committees and National Paralympic Committees to have a disciplinary regulation to prevent the Sports Support Personnel from using prohibited Substances or prohibited Methods without valid justification offers support to Sportsmen within the competence of the National Olympic Committee or National Paralympic Committee.

20.5 Roles and responsibilities of National Anti-Doping Organizations.

20.5.1 Be independent in your decisions and operations.

20.5.2 Adopt and implement anti-doping rules and policies that comply with the provisions of the Code.

20.5.3 Cooperating with other competent national organizations and agencies and other Anti-Doping Organizations.

20.5.4 Promote the realization of reciprocal controls among National Anti-Doping Organizations.

20.5.5 Promote anti-doping research.

20.5.6 Interrupt all or part of the funding, during any period of Suspension, of any Sportsman or Sportsman who has infringed the anti-doping rules.

20.5.7 To pursue with firmness any possible infringement of the anti-doping rules that fall within its jurisdiction, which includes investigating whether the Staff Support to the Sportsman or other Persons may be involved in each Case of doping, and ensure proper execution of the Consequences.

20.5.8 Promote anti-doping education.

20.5.9 Conduct an automatic investigation of the Sports Support Personnel within their jurisdiction in the event of any violation of the anti-doping rules by a Minor, and conduct an investigation automatic from any Sport Support Person who has provided support to more than one Sportsman found guilty of an infringement of the anti-doping rules.

20.5.10 Co-operate fully with the AMA in connection with investigations conducted by the AMA pursuant to Article 20.7.10.

[Comment on Article 20.5: In the case of some smaller countries, several of the responsibilities described in this article may be delegated by your National Anti-Doping Organization to your Regional Organization. Anti-doping.]

20.6 Roles and Responsibilities of Responsible Organizations for Large Events.

20.6.1 Adopt and implement anti-doping policies and rules to ensure that their Events comply with the provisions of the Code.

20.6.2 Take appropriate measures to deter non-compliance with the Code as provided for in Article 23.5.

20.6.3 Authorize and Support the Independent Observer Program.

20.6.4 Require all Sportsmen and all Sportsmen to participate as a coach, physical trainer, director, team staff, official and medical or paramedical staff involved in the Event, which abide by anti-doping rules in accordance with the Code of a binding nature as a condition for participating in such Event.

20.6.5 To strongly pursue any possible infringement of the anti-doping rules that fall within its jurisdiction, which includes investigating whether the Support Personnel for Sportsmen or other Persons may be involved in each doping case.

20.6.6 Do everything possible to grant the celebration of Events only to those countries whose governments have ratified, accepted, approved and acceded to the UNESCO Convention, and whose National Olympic Committee, Committee National Paralympic and National Anti-Doping Organization act in accordance with the Code.

20.6.7 Promote anti-doping education.

20.6.8 Collaborate with competent national organizations and agencies and other Anti-Doping Organizations.

20.7 AMA roles and responsibilities.

20.7.1 Adopt and implement policies and procedures that comply with the provisions of the Code.

20.7.2 Carry out a follow-up to the Code compliance by the Signatories.

20.7.3 Approve the International Standards applicable to the Code implementation.

20.7.4 Credit and re-credit laboratories or enable other entities to carry out sample analysis.

20.7.5 Develop and publish best practice guidelines and models.

20.7.6 Promote, carry out, commission, fund and coordinate anti-doping research and promote anti-doping education.

20.7.7 Design and organize an effective Independent Observer Program and other types of event advisory programs.

20.7.8 Perform, in exceptional circumstances, Anti-Doping Controls on its own initiative or at the request of other Anti-Doping Organizations and collaborate with related national and international agencies and organizations, facilitating, inter alia, instructions and investigations.

[Comment to 20.7.8: The AMA is not a body responsible for conducting checks, but reserves the right, in exceptional circumstances, to carry out its own Controls when the problems have been brought to the attention of the the corresponding Anti-Doping Organization and have not been satisfactorily addressed.]

20.7.9 Approve, after consultation with the International Federations, the National Anti-Doping Organizations and the Responsible Organizations of Large Events, specialized programs of Control and Analysis of Samples.

20.7.10 Start your own investigations of violations of anti-doping rules and other activities that can facilitate doping.

Article 21. Additional roles and responsibilities of athletes and other people.

21.1 Roles and responsibilities of athletes.

21.1.1 Know and comply with all the anti-doping policies and regulations that are adopted under the Code.

21.1.2 Be available at all times for the collection of Samples.

[Comment on Article 21.1.2: With all due respect for human rights and the privacy of the Sportsman, it is sometimes necessary for legitimate reasons to collect Samples late in the evening or early hours of the day. tomorrow. For example, some Sportsmen are known to use low doses of EPO during these hours to be undetectable in the morning.]

21.1.3 Responsible, in the context of the fight against doping, of what they ingest and use.

21.1.4 Inform medical staff of their obligation not to use prohibited substances and prohibited methods and to be responsible for any medical treatment received in violation of the anti-doping policies and rules adopted under the Code.

21.1.5 Communicate to your National Anti-Doping Organization and International Federation any decision taken by a non-Signatory on the occasion of an infringement of the anti-doping rules committed by the Sportsman in the last ten years.

21.1.6 Collaborate with Anti-Doping Organizations investigating violations of anti-doping rules.

[Comment to 21.1.6: The absence of cooperation does not constitute an infringement of the anti-doping rules according to the Code, but may serve as a basis for the adoption of disciplinary measures under the rules of a interested.]

21.2 Roles and responsibilities of the Sports Support Persons.

21.2.1 Know and comply with all applicable anti-doping policies and rules that are adopted under the Code and that are applicable to such personnel or to the Sportsmen to whom you support.

21.2.2 Cooperate with the program of Controls to Sportsmen.

21.2.3 Influence the values and behavior of the Sportsman as far as anti-doping is concerned.

21.2.4 Communicate to your National Anti-Doping Organization and International Federation any decision taken by a non-Signatory on the occasion of an infringement of the anti-doping rules committed by the Sportsman in the last ten years.

21.2.5 Collaborate with Anti-Doping Organizations investigating violations of anti-doping rules.

[Comment to 21.2.5: The absence of cooperation does not constitute an infringement of the anti-doping rules according to the Code, but may serve as a basis for the adoption of disciplinary measures under the rules of a interested.]

21.2.6 Persons Supporting Sportsmen may not use or possess any prohibited substance or prohibited method without a valid justification.

[Comment on Article 21.2.6: Those situations in which the Personal Use or Possession of a Prohibited Substance or a Method Banned by the Sports Support Staff without justification does not constitute an infringement of the The anti-doping rules provided for in the Code shall be subject to other rules of sport discipline. Coaches and other Sports Support Staff often make up models of behavior for these. They should not therefore engage in personal conduct that is in conflict with their responsibility to encourage their Sportsmen not to get over.]

21.3 Roles and Responsibilities of Regional Anti-Doping Organizations.

21.3.1 Ensure that member countries adopt and implement rules, policies and programmes that comply with the provisions of the Code.

21.3.2 Require as a membership requirement that a member country sign an official membership form to a Regional Anti-Doping Organization that clearly indicates the delegation of the anti-doping responsibilities to the This Organization.

21.3.3 Cooperate with other competent national and regional organizations and agencies and other Anti-Doping Organizations.

21.3.4 Promote the realization of reciprocal controls between National and Regional Anti-Doping Organizations.

21.3.5 Promote anti-doping research.

21.3.6 Promote anti-doping education.

Article 22. Involvement of governments.

Each government's commitment to the Code will be reflected by the signing of the Copenhagen Declaration against doping in sport on 3 March 2003, and by ratification, acceptance, approval or acceptance of the Code. UNESCO Convention. The following articles set out the expectations to be met by the Signatories.

22.1 All governments will undertake the actions and measures necessary to comply with the UNESCO Convention.

22.2 All governments will put in place laws, regulations or policies of cooperation and sharing of information with the Anti-Doping Organizations and the sharing of data between the Anti-Doping Organizations set in the Code.

22.3 All governments will promote cooperation between all their public services or agencies and the Anti-Doping Organizations to share with them timely information that can be useful in the fight against terrorism. against doping, provided that no other legal rule is infringed upon doing so.

22.4 All governments will respect arbitration as a preferred way of resolving disputes related to doping, taking into account human and fundamental rights and the corresponding applicable national law.

222.5 All governments that do not have a National Anti-Doping Organization in your country will work with your National Olympic Committee to create one.

22.6 All governments will respect the autonomy of the National Anti-Doping Organization of their country and refrain from meddling in their operational decisions and activities.

22.7 Governments shall meet the expectations set out in Article 22.2 before 1 January 2016. The rest of the paragraphs in this article must have already been satisfied.

22.8 If a government does not ratify, accept, approve or assume the UNESCO Convention or does not comply with the provisions of that Convention thereafter, it may not be eligible to hold events as provided for in this Convention. in Articles 20.1.8, 20.3.11 and 20.6.6 and may suffer other consequences, such as, for example, a prohibition on assigning functions and charges within the AMA, the impossibility of opting for the admission of candidates to hold International Events in a country, cancellation of International Events, symbolic and other consequences according to the Olympic Charter.

[Comment on Article 22: Most governments cannot be parties to, or be bound by, non-governmental private instruments such as the Code. That is why governments that are signatories to the Code are not being asked to sign the Copenhagen Declaration and ratify, accept, approve or assume the UNESCO Convention. Although the mechanisms of acceptance may be different, all measures aimed at the fight against doping through a coordinated and harmonised programme as reflected in the Code continue to constitute a common effort of the Sports movement and governments.

This article sets out what the Signatories clearly expect from governments. However, this is simply "expectations", as governments are only "obliged" to comply with the requirements of the UNESCO Convention.]

FOURTH PART

Acceptance, compliance, modification, and interpretation

Article 23. Acceptance, compliance and modification.

23.1 Acceptance of the Code.

23.1.1 The following entities will be the Signatories that accept the Code: the AMA, the International Olympic Committee, the International Federations, the International Paralympic Committee, the National Olympic Committees, the National Paralympic Committees, Major Events Responsible Organisations and National Anti-Doping Organisations. These entities shall accept the Code by signing a declaration of acceptance once approved by each of their respective decision-making bodies.

[Comment on Article 23.1.1: Each of the accepting organizations will separately sign an identical copy of the standard common declaration of acceptance form and send it to the AMA. The act of acceptance shall be in accordance with the authorizations of the official documents of each organization: for example, an International Federation shall obtain the authorization of its Congress, and the AMA of its Founding Council.]

23.1.2 Other sports organizations that are not controlled by a Signatory may, upon invitation of the AMA, become Signatory by accepting the Code.

[Comment on Article 23.1.2: Professional Leagues that are not under the jurisdiction of a government or an International Federation will be promoted to accept the Code.]

23.1.3 The AMA will publish a list of all acceptances.

23.2 Implementation of the Code.

23.2.1 Signatories will implement the applicable provisions of the Code through policies, laws, rules and regulations, depending on their capacity, and within their respective areas of responsibility.

23.2.2 The following articles applicable to the field of anti-doping activity carried out by the Anti-Doping Organization must be implemented by the Signatories without making substantial changes (allowing for non-substantial changes in writing in order to refer to the name of the organisation, sport, section numbers, etc.):

• Article 1 (Definition of doping).

• Article 2 (Infractions of anti-doping rules).

• Article 3 (Doping test).

• Article 4.2.2 (Specific Substances).

• Article 4.3. 3 (Determination by the AMA of the Bans List).

• Article 7.11 (Withdrawal of sport).

• Article 9 (Automatic anulation of individual results).

• Article 10 (Individual penalties).

• Article 11 (Penalties to teams).

• Article 13 (Appeals), with the exception of paragraphs 13.2.2, 13.6 and 13.7.

• Article 15.1 (Mutual Recognition).

• Article 17 (Prescription deadline).

• Article 24 (Interpretation of the Code).

• Appendix 1: Definitions.

No further provision will be added to the rules of a Signatory in such a way as to alter the effects of the items listed in this Article. The rules of a Signatory must expressly acknowledge the Comment of the Code and give it the same position as it has in the Code itself.

[Comment on Article 23.2.2: In no case does the Code prevent an Anti-Doping Organization from adopting and implementing its own disciplinary regulations of conduct for Sports Support Personnel in relation to doping provided that they do not themselves constitute a violation of the anti-doping rules referred to in the Code. For example, a National or International Federation may refuse the renewal of the license to a coach if several Sportsmen have infringed the anti-doping rules while under the supervision of that coach.]

23.2.3 For the implementation of the Code, the Signatories are recommended to use the best practices models recommended by the AMA.

23.3 Implementation of Anti-Doping Programs.

The Signatories will devote sufficient resources to implement in all areas anti-doping programs that respect the International Code and Standards.

23.4 Compliance with the Code.

23.4.1 The Signatories shall not be deemed to have complied with the provisions of the Code until they have accepted and implemented it in accordance with Articles 23.1, 23.2 and 23.3. Once acceptance is withdrawn, it will no longer be considered as complying with the Code.

23.5 Monitoring of the Compliance of the Code and the UNESCO Convention.

23.5.1 Compliance with the Code will be monitored by the AMA or any other form agreed upon by this organization. Compliance with the anti-doping programmes required by Article 23.3 shall be monitored on the basis of criteria specified by the AMA Executive Committee. The fulfilment of the commitments reflected in the UNESCO Convention will be monitored in the manner established by the Conference of the Parties to the UNESCO Convention, after consultation with the States Parties and the AMA. The AMA will advise governments on the implementation of the Code by the Signatories and communicate to them the ratification, acceptance, approval or assumption of the UNESCO Convention by governments.

23.5.2 To facilitate follow-up, each of the Signatories will inform the AMA about its compliance with the Code as requested by the AMA Foundation Council, and will explain, if appropriate, the reasons for its non-compliance.

23.5.3 In case a Signatory does not provide the AMA with the information required by it on its compliance with the purposes referred to in Article 23.5.2, or that a Signatory does not refer information to the AMA as required other articles of the Code, such actions may be considered non-compliance with the Code.

23.5.4 All reports on AMA compliance will be approved by the Foundation's Foundation Council. The AMA will dialogue with the Signatory before giving some of its non-compliance. Any AMA report concluding that a Signatory does not comply must be approved by the AMA Foundation Council during a meeting held after the Signatory has had occasion to forward its written submissions to the Foundation Council. The conclusion of the AMA's Founding Council on the non-compliance with a Signatory may be used pursuant to Article 13.6.

23.5.5 The AMA will report on compliance with the Code to the International Olympic Committee, the International Paralympic Committee, International Federations and the Responsible Organizations for Large Events. These reports will also be made public.

23.5.6 The AMA will take into account the explanations of the Signatories in relation to the non-compliances and, in extraordinary situations, may recommend to the International Olympic Committee, the International Paralympic Committee, to the International Federations and the Responsible Organizations of Large Events that provisionally overlook the non-compliance with the Signatory.

[Comment on Article 23.5.6: The AMA recognizes that significant differences in anti-doping experience and resources exist between the Signatories and governments, and in the legal context in which the activities are carried out. antidoping. When considering whether an organization is in or does not abide by the Code, the AMA will consider these differences.]

23.6 Additional Consequences of Code Non-compliance by a Signatory.

Non-compliance with the Code by any Signatory shall have other consequences in addition to the impossibility of opting for the celebration of Events as provided for in Articles 20.1.8 (International Olympic Committee), 20.3.11 (International Federations) and 20.6.6 (Large Events Responsible Organizations); for example, among the additional consequences that such non-compliance may entail are the prohibition of occupying dependencies and posts within the AMA, the impossibility of opting for or the non-admission of candidates to celebrate International events in one country, the cancellation of International Events, symbolic consequences and others according to the Olympic Charter.

The imposition of these sanctions may be brought before the TAD by the Signatory concerned pursuant to Article 13.6.

23.7 Modification of the Code.

23.7.1 The AMA will be responsible for monitoring the evolution and improvement of the Code. Sportspersons and other stakeholders and governments will be invited to participate in this process.

23.7.2 The AMA will initiate the proposed amendments to the Code and ensure that an advisory process is applied to both receive and respond to the recommendations, and to facilitate review and review of the recommendations. Athletes and other stakeholders and governments about recommended modifications.

23.7.3 The amendments to the Code, once the appropriate consultations have been made, will be approved by a two-thirds majority of the AMA Foundation Council, provided there is a majority of votes from the public sector. as on the part of the Olympic Movement. Unless otherwise provided, the amendments shall enter into force three months after their approval.

23.7.4 Signatories will amend their rules to incorporate the 2015 Code on or before the day of January 1, 2015 to enter into force on that day. The Signatories will implement any subsequent amendments to the Code before a year of their approval by the AMA Foundation Council.

23.8 Withdrawal of Code Acceptance.

Signatories may withdraw their acceptance of the Code by writing to the AMA their intention to withdraw six months in advance.

Article 24. Interpretation of the code.

24.1 The Code, in its official version, will be updated by the AMA and published in its versions in English and French. In the event of a conflict of interpretation between the English and French versions of the Code, the English version shall prevail.

24.2 Comments accompanying various provisions of the Code will be used to interpret it.

24.3 The Code shall be construed as an independent and autonomous document, and not with reference to existing laws or statutes in the countries of the Signatories or Governments.

24.4 The titles used in the various parts and articles of the Code are intended solely to facilitate their reading, and may not be considered as a substantial part of the Code, nor may they affect in any way the text of the provision to which they relate.

24.5 The Code shall not apply retroactively to the causes pending before the date on which the Code is accepted by the Signatory and implemented in its rules. However, infringements of the anti-doping rules prior to the entry into force of the Code will continue to count as the first or second infringement in order to determine the penalties provided for in Article 10 for infringements produced after the entry into force of the Code. the entry into force of the Code.

24.6 The Purpose, Scope and Organization of the World Anti-Doping Program and the Code, as well as Appendix 1, Definitions Appendix 2. Examples of the Application of Article 10 shall be considered as part of the Member of the Code.

Article 25. Transitional provisions.

25.1 General Application of the Code of 2015.

The 2015 Code will be fully implemented from 1 January 2015 (the "Date of Entry into Vigor").

25.2 Non-retroactivity, except for items 10.7.5 and 17 or unless the "lex mitior" principle applies.

The retrospective periods in which it is possible to contemplate infringements prior to the effects of the multiple infringements provided for in Articles 10.7.5 or the limitation period of Article 17 constitute rules of procedure and, unless the limitation period has expired before the date of entry into force, they must be applied retroactively. Otherwise, in respect of any case of an infringement of the anti-doping rules that is pending on the Date of Entry into Vigor and any case of infringement of the anti-doping rules presented after the Date of Entry into Vigor and based on a infringement of the rules produced before the Date of Entry into Vigor, the case shall be governed in accordance with the essential anti-doping rules which were in force at the time of the alleged infringement of the anti-doping rules, unless the court of experts to instruct the case to consider that the principle of 'lex mitior' may be applied given the circumstances surrounding it.

25.3 Application to Decisions Issued before the Code of 2015. In respect of cases where a final decision on the existence of an infringement of the anti-doping rules has been issued before the Date of Entry into Vigor, but the Sportsman or the other Person shall remain subject to a period of Suspension from that date. of the Date of Entry into Vigor, the Sportsman or the other Person may appeal to the Anti-Doping Organization with responsibility for the management of the results of the infringement of the anti-doping rules to study a reduction of the period of Suspension in light of the 2015 Code. Such a request must be made before the suspension period expires. The decision issued by the Anti-Doping Organisation may be used in accordance with Article 13.2. The 2015 Code shall not apply to any case of an infringement of the anti-doping rules in which a final decision on an infringement of the anti-doping rules has been issued and the suspension period has expired.

25.4 Multiple Infractions in which the First Infraction occurred prior to January 1, 2015.

For the purposes of the assessment of the Suspension period for a second infringement under 10.7.1, if the penalty for the first infringement was determined in accordance with rules prior to the 2015 Code, the period of suspension which would have been imposed for that first infringement should apply if the rules of the 2015 Code had been applicable.

[Comment on Article 25.4: Unlike the situation described in Article 25.4, in which a final decision on an infringement of the anti-doping rules has been issued prior to the entry into force of the Code or during The period of application of this prior to the Code of 2015 and the period of Suspension imposed has completely ended, the Code of 2015 cannot be used to re-typify the previous infringement.]

25.5 Additional Amendments to the Code.

Any additional amendments to the Code shall enter into force as provided for in Article 23.7.

APPENDIX 1

Definitions

ADAMS: The Anti-Doping Administration and Management System (Anti-Doping Administration and Management System) is a database management tool located on a website to enter information, store it, to share and develop reports in order to assist stakeholders and the AMA in their anti-doping activities in conjunction with legislation on data protection.

Administration: The provision, supply, supervision, facilitation or other participation in the Use or Intent of Use by another Person of a Prohibited Substance or Forbidden Method. However, this definition shall not include the actions of bona fide medical personnel who assume the use of a prohibited substance or a prohibited method for genuine and legal therapeutic purposes or with other acceptable justification, and neither involving the use of prohibited substances which are not prohibited in the Out-of-Competition Controls, unless the circumstances, taken as a whole, show that such prohibited substances are not intended for therapeutic purposes genuine and legal or aim to improve sports performance.

AMA: The World Anti-Doping Agency.

Annulment: See Consequences of the Infraction of the Anti-Doping Rules.

Preliminary Hearing: For the purposes of Article 7.9, summary and expeditious hearing before the conclusion of the hearing provided for in Article 8 which informs the Sportsman and guarantees the opportunity to be heard, either in writing or or live voice.

[Comment: A Preliminary Hearing is only a prior procedure in which a complete review of the case data cannot proceed. After a preliminary hearing the Sportsman retains his right to a subsequent full hearing on the merits of the case. By contrast, an "expeditious hearing", an expression used in Article 7.9, is a complete hearing on the merits of the matter quickly carried out.]

Absence of Culp or of Negation: It is the demonstration by a Sportsman or other Person that he ignored, did not intuit, or could not reasonably have known or budgeted, even applying the greatest diligence, which he had used or had been given a prohibited substance or a prohibited method or had otherwise infringed an anti-doping rule. Except in the case of a Minor, for any infringement of Article 2.1, the Sportsman must also demonstrate how the Prohibited Substance was introduced into his system.

Absence of Culpa or Significant Negligence: It is the demonstration by the Sportsman or other Person that in view of the set of circumstances, and taking into account the criteria of Absence of Culpa or of Negativa, its Fault was not significant with respect to the offence committed. Except in the case of a Minor, for any infringement of Article 2.1 the Sportsman must also demonstrate how the Prohibited Substance was introduced into his system.

[Comment: In the case of Cannabininoids, a Sportsman can accredit Absence of Culpa or Significant Negligence if it clearly demonstrates that the context of the Use was not related to sports performance.]

AUT: Therapeutic Use Authorization, as described in Article 4.4.

Substantial assistance: For the purposes of Article 10.6.1, a Person providing substantial Assistance shall: (1) disclose in full by a written statement and signed all information held in connection with the the anti-doping rules, and (2) to cooperate fully in the investigation and decisions to be taken on any case related to that information, including, for example, testifying during a hearing if it is required by a Anti-doping organisation or court of experts. Furthermore, the information provided must be credible and constitute an important part of the open case or, if it has not been initiated, it must have provided a sufficient basis on which a case could have been dealt with.

Code: The World Anti-Doping Code.

National Olympic Committee: The organization recognized by the International Olympic Committee. The term National Olympic Committee will also include the National Sports Confederation in those countries where the National Sports Confederation assumes the typical responsibilities of the National Olympic Committee in the anti-doping area.

Competition: A single test, a match, a game or a specific sports contest. For example, a basketball game or the final of the Olympic 100-meter athletics race. In the case of staged races and other sports competitions in which prizes are awarded each day and as they are being carried out, the distinction between Competition and Event will be that provided for in the regulations of the International Federation in question.

Consequences of the Infraction of Anti-Doping Standards ("Consequences") : The infringement by a Sportsman or other Person of an anti-doping rule may involve one or more of the following Consequences: a) Annulment means the invalidation of the results of a Sportsman in a particular Competition or Event, with all the resulting Consequences, such as the removal of medals, points and prizes; b) Suspension means that the Sportsman or other Person for a given period of time to compete, to have any activity or to obtain financing in accordance with the provisions of Article 10.12.1; (c) Provisional suspension means that the temporary suspension of the Sportsman or other Person to participate in any Competition or activity until the final decision at the hearing provided for in Article 8; (d) Economic consequences means an economic penalty imposed for an infringement of the anti-doping rules or for the purpose of resarnating the costs associated with such an infringement; and Disclosure or Public Communication means the dissemination or distribution of information to the general public or to persons not included in the Staff authorized to have prior notifications in accordance with Article 14. In Team Sports, the Teams may also be the subject of the Consequences provided for in Article 11.

Control: Part of the global doping control process comprising the planning of the distribution of the controls, the collection of Samples, the Handling of Samples and their submission to the laboratory.

Doping Control: All steps and processes from planning the distribution of controls to the last disposition of an appeal, including all steps of intermediate processes, such as providing information about location/whereabouts, collection and handling of samples, laboratory analysis, AUTs, results management and hearings.

Targeted Controls: Selection of specific Sportsmen for the realization of Controls in accordance with the criteria set out in the International Standard for Controls and Investigations.

UNESCO Convention: International Convention against Doping in Sport adopted during the 33rd session of the General Assembly of UNESCO on October 19, 2005, which includes each and every amendment adopted by the States Parties to the Convention and the Conference of the Parties to the International Convention against Doping in Sport.

Guilt: Guilt is found in any breach of an obligation or absence of proper attention to a particular situation. Among the factors to be taken into consideration when assessing the degree of culpability of the Sportsman or other Person are, for example, their experience, whether it is a Minor, special considerations such as disability, the degree of risk that should have been perceived by the Sportsman and the level of attention and research exercised by him in relation to what should have been the perceived level of risk. When assessing the degree of culpability of the Sportsman or other Person, the circumstances analysed must be specific and relevant to explain their deviation from the expected standards of conduct. Thus, for example, the fact that a Sportsman will miss the opportunity to earn large amounts of money during a period of suspension, the fact that there is little time for the Sportsman to finish his sports career, or the programming of the sporting calendar, it would not be relevant factors to take into account when reducing the suspension period provided for in Article 10.5.1 or 10.5.2.

[Comment: The criteria for assessing the degree of guilt of a Sportsman are the same in all the articles in which guilt must be taken into consideration. However, according to Article 10.5.2, no reduction of the penalty is necessary unless, when the degree of culpability is assessed, the conclusion is that there has been no significant fault or negligence on the part of the Sportsman or the other Person.]

Team Sport: Sport that authorizes player substitution during a Competition.

Individual Sport: Any sport that is not a team sport.

Sportsman: Any person who competes in a sport at international level (in the sense that each of the International Federations understands this term) or national (in the sense that he understands this term National Anti-Doping Organisation). An Anti-Doping Organization has the power to apply the anti-doping rules to a non-national or International Level Sportsman and to include it in the definition of "Sportsman". In relation to non-National or International Level Sportsmen, an Anti-Doping Organisation may choose between: carrying out limited controls or not performing them at all; not using the whole menu of prohibited substances when analyzing the Samples, do not require information about the location/whereabouts or limit such information, or do not require the prior request of AUT. However, if a Sportsman on whom a Anti-Doping Organisation has jurisdiction and competes below the national or international level, commits an infringement of the anti-doping rules referred to in Article 2.1, 2.3 or 2.5, they shall have apply the Consequences provided for in the Code (except for Article 14.3.2). For the purposes of Article 2.8 and Article 2.9 for the purposes of information and education, any Person who participates in a sport and who is dependent on a Signatory, a government or other sporting organisation who complies with the provisions shall be a Sportsman. in the Code.

[Comment: This definition clearly states that all National and International Sportsmen are subject to the anti-doping rules of the Code, and that the precise definitions of sport at international and international level Sport at national level should be included in the anti-doping rules of the International Federations and the National Anti-Doping Organisations respectively. This definition also allows each National Anti-Doping Organisation, if it wishes, to extend its anti-doping programme to competitors of lower levels or to those who perform physical activities but do not compete at all. apply to the National and International Sportsmen. Thus, a National Anti-Doping Organization could, for example, choose to submit to controls the competitors of recreational level but not to require authorizations of prior therapeutic use. However, an infringement of the anti-doping rules involving an Adverse Analytical Result or a Manipulation will carry all the Consequences provided for in the Code (with the exception of Article 14.3.2). The decision on the application of the Consequences to recreational-level sportsmen who perform physical activities but never compete corresponds to the National Anti-Doping Organization. Similarly, a Large Event Responsible Organization that holds a test only for veteran competitors may choose to test competitors but not analyze the Samples by applying the entire Substance menu. Prohibited. Competitors at all levels in general must benefit from information and education about doping.]

International Level Sportsman: Sportsmen who participate in sports at international level, as defined by this concept each International Federation in accordance with the International Standard for Controls and Research.

[Comment: In accordance with the International Standard for Controls and Investigations, the International Federation is free to determine the criteria it will use to classify Sportsmen as Level Sportsmen. International, for example, by ranking, by participation in certain International Events, etc. However, they must publish these criteria in a clear and concise manner, so that the Sportsmen can quickly and easily determine when they will be classified as International Level Sportsmen. For example, if the criteria include participation in certain International Events, the International Federation must publish a list of such Events.]

National Level Sportsman: Sportsmen competing in sports at the national level, as defined by each National Anti-Doping Organization in accordance with the International Standard for Controls and Investigations.

Public disclosure or public communication: View "Consequences of the Infraction of Anti-Doping Standards".

Event Duration: The time between the beginning and the end of an Event, as set by the body responsible for the Event.

In Competition: Unless otherwise provided for this effect in the rules of the International Federation or the responsible instance of the Event in question, "On Competition" means the period beginning 12 hours before being held a Competition in which the Sportsman is scheduled to participate and ends in doing so, and the process of collecting samples related to it.

[Comment: An International Federation or the competent authority of an Event may establish a period "On Competition" other than the " Event Period.]

International Standard: Standard adopted by the AMA in support of the Code. Compliance with the International Standard (as opposed to another standard, practice or alternative procedure) will be sufficient to determine that the procedures provided for in the International Standard have been properly implemented. International Standards shall include any Technical Document published in accordance with such International Standard.

Event: Series of Individual Competitions that are developed under a single responsible body (e.g., Olympic Games, FINA World Championships, or Pan American Games).

International Event: An Event or Competition in which the International Olympic Committee, the International Paralympic Committee, an International Federation, the Organization Responsible for Major Events or another sports organization act as the body responsible for the Event or appoint the technical delegates to the Event.

National Event: A non-International Event or Competition involving International Level Sportsmen or National Level Sportsmen.

Out of Competition: Any period that is not On Competition.

Registered Control Group: Highest Priority Sportsperson Group identified separately internationally by International Federations and nationally by National Anti-Doping Organizations, which are subject to specific controls at the Competition and Out of Competition in the framework of the distribution planning of the controls of that International Federation or National Anti-Doping Organization and that they are required to provide information about their location/whereabouts in accordance with Article 5.6 and the Standard International for Controls and Investigations.

Attempt: Voluntary conduct that constitutes a substantial step in the course of a planned action whose objective is the commission of an infringement of the anti-doping rules. However, there will be no infringement of the anti-doping rules based solely on this Attempt to commit the offence, if the Person resigns from the offence before being discovered by a third party not involved in the Intent.

Bans List: The List that identifies Forbidden Substances and Prohibited Methods.

Manipulation: Altering for illegitimate purposes or in an illegitimate manner; exerting improper influence on a result; unlawfully interfering, obstructing, misleading or engaging in any fraudulent act to modify the results or to prevent normal procedures from occurring.

Marker: A compound, a group of compounds or biological variable (s) that indicate the Use of a Forbidden Substance or a Forbidden Method.

Minor: A physical person who has not reached the age of eighteen.

Metabolite: Any substance produced by a biotransformation process.

Forbidden Method: Any method described as such in the Bans List.

Sample: Any biological material collected for the purpose of Doping Control.

[Comment: It has sometimes been alleged that the collection of blood samples conflicts with the doctrines of certain cultural or religious groups. It has been demonstrated that there is no basis for that claim.]

Anti-Doping Organization: A Signatory that is responsible for the adoption of rules to initiate, implement or enforce compliance with any part of the doping control process. This includes, for example, the International Olympic Committee, the International Paralympic Committee, other Organizations Responsible for Large Events that perform Controls on Events of which they are responsible, to the AMA, to the Federations International and National Anti-Doping Organisations.

National Anti-Doping Organization: The entity or entities designated by each country as the primary authority responsible for the adoption and implementation of anti-doping rules, the collection of samples, the management of results, and the celebration of the hearings, at the national level. If no entity has been designated by the competent public authorities, the National Olympic Committee or the entity designated by it shall replace this role.

Regional Anti-Doping Organization: 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 rules, the planning and collection of samples, the management of results, the review of authorisations for therapeutic use, the conduct of hearings and the implementation of educational programmes at regional level.

Responsible for Large Events: The continental associations of National Olympic Committees and other international multi-sport organizations operating as the governing body of a continental event, Regional or International.

Participant: Any Sportsman or Sportsperson Support Person.

Sportsman's Biological Passport: The data collection and collation program and methods described in the International Standard for Controls and Research and the International Standard for Laboratories.

Person: A Physical Person or an organization or other entity.

Sportsman Support Staff: Any coach, fitness trainer, athletic director, agent, team personnel, official, medical or paramedical staff, father, mother or any other Person working with, treating or assist Sportsmen who participate in or prepare for Sports Competitions.

Possession: Physical possession or in fact (to be determined only if the Person exercises or intends to exercise exclusive control of the Prohibited Substance or Forbidden Method or the place in which the Prohibited Substance is found or Method Prohibited); however, that if the Person does not exercise exclusive control of the Forbidden Substance or Forbidden Method or the place where the Prohibited Substance is found or Forbidden Method, the Possession will in fact only be appreciated if the Person have knowledge of the presence of the prohibited substance or prohibited method and had the the intention to exercise control over it; therefore, there may be no infringement of the anti-doping rules on the basis of the mere Possession if, before receiving any notification which informs it of an infringement of the anti-doping rules, the Person has taken concrete steps to show that he no longer has the will to have a Possession and that he has renounced it by explicitly declaring it to an Anti-Doping Organisation. Without prejudice to any other statement to the contrary contained in this definition, the purchase (including by electronic or other means) of a Prohibited Substance or Forbidden Method constitutes Possession by the Person who carries out such purchase.

[Comment: Under this definition, steroids found in the vehicle of a Sportsman will constitute an infringement unless the Sportsman can prove that another person has used his vehicle; in those circumstances, the Anti-Doping Organization must show that although the Sportsman did not have sole control of the vehicle, the Sportsman knew the presence of the steroids and intended to exercise control over them. In the same order of ideas, for steroids found in a kit that is under the joint control of the Sportsman and his partner, the Anti-Doping Organization must show that the Sportsman knew the presence of the steroids in the botiquin and that he intended to exercise a control over steroids. The act of acquiring a Prohibited Substance constitutes, on its own, Possession, even if, for example, the product does not arrive, is received by another Person or is sent to the address of a third party.]

Contaminated Product: A product containing a Prohibited Substance that is not described in the product label or available in a reasonable search on the Internet.

Independent Observer Program: A team of observers, under the supervision of the AMA, which observes and offers guidelines on the doping control process in certain Events and communicates their observations.

Objective Responsibility: The rule that provides that, in accordance with Article 2.1 and 2.2, it is not necessary to demonstrate the intentional, culpable or negligent use, or the conscious use by the Sportsman, to ensure that the Anti-doping organisation may determine the existence of an infringement of the anti-doping rules.

Adverse Result in Passport: A report identified as an Adverse Result in the Passport described in the applicable International Standards.

Adverse Analytical Result: A report by an AMA-accredited laboratory or other AMA approved laboratory that, in accordance with the International Standard for Laboratories and other Technical Documents related, identify in a Sample the presence of a Prohibited Substance or its Metabolites or Bookmarks (including large amounts of endogenous substances) or evidence of the Use of a Forbidden Method.

Atypical Result: Report issued by an accredited or AMA approved laboratory that 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.

Typical Outcome in Passport: A report identified as an Attypical Result in the Passport described in the applicable International Standards.

Event Headquarters: The venues designated by the Authority responsible for the Event.

Signatories: Those entities that are signatories to the Code and who agree to comply with the provisions of the Code, as provided for in Article 23.

Provisional Suspension: View Consequences of the Infraction of the Anti-Doping Rules, above.

Suspension: See above Consequences of the Infraction of the Anti-Doping Rules.

Specific Substance: See Article 4.2.2.

Prohibited Substance: Any substance, or group of substances described as such in the Bans List.

TAD: The Court of Arbitration for Sport.

Traffic: The sale, delivery, transportation, shipping, distribution or distribution (or Possession with any of these purposes) of a prohibited substance or prohibited method (whether physically or by electronic or other means) of a Sportsman, the Staff of Support to the Sportsman or any other Person under the jurisdiction of a Anti-Doping Organization to any third party; however, this definition does not include the actions of good faith carried out by the medical staff in relationship to a prohibited substance used for genuine therapeutic purposes and legal or other acceptable justification, and shall not include actions relating to prohibited substances which are not prohibited Outside of Competition, unless the circumstances as a whole show that the purpose of such prohibited substances is not for genuine and legal therapeutic purposes or that aim to improve sports performance.

Use: Use, application, ingestion, injection or consumption by any means of a prohibited substance or a prohibited method.

[Comment: Defined terms must include their plural and possessive forms, as well as those terms used elsewhere in prayer.]

APPENDIX 2

Article 10 application examples

Example 1

Facts: An Adverse Analytical Result Derived from a Control Carried Out On Demand indicates the presence of an anabolic steroid (article 2.1); the Sportsman immediately confesses the violation of the anti-doping rules, demonstrates the Absence of Significant Culp or Negligence And Offers Substantial Assistance.

Applying the consequences:

1. The starting point would be Article 10.2. As the Sportsman has shown that the violation of the anti-doping rule was not intentional (article 10.2.3), the suspension period would be two years (article 10.2.2).

2. In a second step, the court would analyze whether the reductions related to Guilty are applicable (Articles 10.4, 10.5). Based on the Absence of Significant Culp or Neglect (Article 10.5.2), since the anabolic steroid is not a Specific Substance, the range of penalties applicable would be reduced to be between one and two years (at least the half of the two years). The court would then determine the period of Suspension within this interval according to the degree of Culpability of the Sportsman. (We assume for illustrative purposes in this example that the court would impose a 16-month suspension period).

3. In a third step, the court would assess the possibility of applying the Suspension or reduction provided for in Article 10.6 (reductions not related to Guilt). In the case in question, only Article 10.6.1 (Substantial Aid) shall apply. On the basis of the substantial aid, the suspension period could be cut by three quarters of the 16 months.* The minimum suspension period would therefore be four months. (We assume for illustrative purposes in this example that the court would suspend 10 months and the suspension period would be for as long as 6 months).

4. Pursuant to Article 10.11, the period of suspension is initiated in principle on the date of the opinion of the hearing. However, when the Sportsman immediately confessed to the offence of the anti-doping rule, the suspension period would start on the date of collection of the sample, but in any case the Sportsman would have to comply with at least half of the Suspension period (i.e. three months) after the date of the hearing (Article 10.11.2).

5. In addition, as the adverse analytical result has been obtained at the request, the court would automatically have to annul the result obtained in that Competition (Article 9).

6. In accordance with Article 10.8, all results obtained by the Sportsman after the date of collection of the sample would also be cancelled except for reasons of fairness.

7. The information referred to in Article 14.3.2 should be disclosed publicly, unless the Sportsman is a Minor, since this is a mandatory part of each sanction (Article 10.13).

8. The Sportsman is not permitted to participate in any form in a Competition or any other activity related to the sport under the responsibility of any Signatory or its subsidiaries during the period of Suspension of the Sportsman (article 10.12.1). However, the Sportsman may return to train with a team or use the facilities of a club or other member organisation of a Signatario or its subsidiaries during the period under: (a) the last two months of the suspension period of the Sportsman, or (b) the last quarter of the period of suspension imposed (Article 10.12.2). In this way, the Sportsman would be allowed to return to training a month and a half before the end of the suspension period.

Example 2

Facts: An Adverse Analytical Result indicates the presence of a Specific Substance in a Control In Competition (article 2.1); the Anti-Doping Organization is able to demonstrate that the Sportsman committed the infringement of the Intentionally, the Sportsman is not able to establish that he used the banned substance outside of the Competition in a context unrelated to the sports practice; the Sportsman does not immediately admit the violation of the rules anti-doping of which he is accused; the Sportsman does offer substantial Help.

Applying the consequences:

1. The starting point would be Article 10.2. To the power of the Anti-Doping Organization to prove that the infringement of the anti-doping rules was committed intentionally and that the Sportsman is unable to establish that the substance was allowed Out of the Competition and that the Use was not related with the performance of the Sportsman (article 10.2.3), the suspension period would be four years (article 10.2.1.2).

2. As the infringement is intentional, there is no possibility of reduction based on guilt (articles 10.4 and 10.5 cannot be applied). Based on the substantial Aid, the penalty could be cut by three quarters of the four years.* The minimum suspension period would be for a year.

3. Pursuant to Article 10.11, the suspension period would be initiated on the date of the final decision of the hearing.

4. Since the Adverse Analytic Result took place In the Competition, the panel will automatically annul the result obtained in the Competition.

5. In accordance with Article 10.8, all results obtained by the Sportsman after the date of collection of the Sample until the beginning of the suspension period shall also be annulled unless it is considered unfair.

6. The information referred to in Article 14.3.2 shall be publicly disclosed, except in the case where the Sportsman is a Minor, it is already a mandatory part of each sanction (Article 10.13).

7. The Sportsman is not allowed to participate in any way in a Competition or other sporting activity which is under the competence of any Signatario or its affiliates during the period of Suspension (article 10.12.1). However, the Sportsman you can re-train with a team or use the facilities of a club or other member organisations of a Signatory or its affiliates during the minor of the following periods: (a) the last two months of the suspension period of the Sportsman, or (b) the last quarter of the period of suspension imposed (Article 10.12.2). Therefore, the Sportsman could be allowed to return to training two months before the end of the Suspension period.

Example 3

Facts: An Adverse Analytical Result indicates the presence of an anabolic steroid in an Off-Competition Control (article 2.1); the Sportsman demonstrates Absence of Culpa or Significant Negligence; the Sportsman also demonstrates that the Adverse Analytical Result was caused by a Contaminated Product.

Applying the consequences:

1. The starting point would be Article 10.2. In order to show the Sportsman who did not commit the infringement of the anti-doping rules intentionally, i.e., Absence of Significant Blame when Using a Contaminated Product (article 10.2.1.1 and 10.2.3), the suspension period would be two years (article 10.2.2).

2. In a second step, the court would analyze the possibilities of reduction related to culpability (article 10.4, 10.5). Since the Sportsman can demonstrate that the infringement was caused by a Contaminated Product and that it acted in Absence of Significant Culp or Negligence on the basis of Article 10.5.1.2, the applicable interval for the Suspension period is it would be reduced to two years and a warning. The court would determine the period of Suspension within this interval, based on the degree of Culpability of the Sportsman. (We assume for illustrative purposes in this example that the court would impose a four-month suspension period).

3. In accordance with Article 10.8, all results obtained by the Sportsman after the date of the sampling until the beginning of the suspension period should be annulled unless for reasons of equity it is considered another way.

4. The information referred to in Article 14.3.2 shall be publicly disclosed, except in the case where the Sportsman is a Minor, it is already a mandatory part of each sanction (Article 10.13).

5. The Sportsman is not allowed to participate in any way in a Competition or other sporting activity which is under the competence of any Signatario or its affiliates during the period of Suspension (article 10.12.1). However, the Sportsman you can re-train with a team or use the facilities of a club or other member organisations of a Signatory or its affiliates during the minor of the following periods: (a) the last two months of the suspension period of the Sportsman, or (b) the last quarter of the period of suspension imposed (Article 10.12.2). Therefore, the Sportsman could be allowed to return to training two months before the end of the Suspension period.

Example 4

Facts: A Sportsman who has never had an Adverse Analytical Result or been charged with any infringement of the anti-doping rules admits that he has intentionally used an anabolic steroid to improve his/her performance, and also offers substantial Help.

Applying the consequences:

1. As the infringement was intentional, Article 10.2.1 would be applicable, so the basic suspension period imposed would be four years.

2. There is no possibility of a reduction in the suspension period for reasons related to guilt.

3. Based only on the spontaneous confession of the Sportsman (article 10.6.2), the suspension period could be reduced to half of the four years. On the basis of only the substantial aid of the sportsman (Article 10.6.1), up to three quarters of the four years could be suspended. * Under Article 10.6.4, the spontaneous confession and the aid are taken into consideration. Substantial, the maximum reduction or suspension of the sanction would be up to three-quarters of four years. The minimum suspension period would be for a year.

4. The period of suspension is initiated in principle on the date of the final decision of the hearing (Article 10.11). If the spontaneous confession is taken into account in the reduction of the suspension period, the start of the suspension would not be allowed. of the period of suspension referred to in Article 10.11.2. The aim is to prevent the Sportsman from benefiting twice from the same set of circumstances. However, if the Suspension period was suspended only under the Substantial Aid, Article 10.11.2 may continue to apply and the Suspension period shall begin at the time the Sportsman last used the steroid. anabolic.

5. In accordance with Article 10.8, all results obtained by the Sportsman after the date of the sampling until the beginning of the suspension period should be annulled unless for reasons of equity it is considered another way.

6. The information referred to in Article 14.3.2 shall be publicly disclosed, except in the case where the Sportsman is a Minor, it is already a mandatory part of each sanction (Article 10.13).

7. The Sportsman is not allowed to participate in any way in a Competition or other sporting activity which is under the competence of any Signatario or its affiliates during the period of Suspension (article 10.12.1). However, the Sportsman you can re-train with a team or use the facilities of a club or other member organisations of a Signatory or its affiliates during the minor of the following periods: (a) the last two months of the suspension period of the Sportsman, or (b) the last quarter of the period of suspension imposed (Article 10.12.2). Therefore, the Sportsman could be allowed to return to training two months before the end of the Suspension period.

Example 5

Facts: A Person of Support to the Sportsman helps to circumvent a period of Suspension imposed on a Sportsman by registering him in a Comppetition with a false name. The Sportsman's Support Person voluntarily admits this infringement of the anti-doping rules (article 2.9) spontaneously before being notified of a violation of the anti-doping rules by an Anti-Doping Organization.

Application of Consequences:

1. According to Article 10.3.4, the suspension period would be two to four years, depending on the seriousness of the infringement. (It is assumed as an illustrative example that the panel would impose a three-year suspension period.)

2. There is no possibility of reduction in relation to the Culpa since the Intent is an element of the violation of the anti-doping rules in article 2.9 (see comment to article 10.5.2).

3. In accordance with Article 10.6.2, provided that admission is the only reliable test, the suspension period may be reduced by half. (We assume for illustration purposes of this example that the panel would impose an 18-month suspension period.)

4. The information referred to in Article 14.3.2 shall be publicly disclosed, except in the case where the Sportsman is a Minor, as this is a mandatory part of each sanction (Article 10.13).

Example 6

Facts: A Sportsman has been sanctioned for a first violation of the anti-doping rules for a 14-month suspension period, of which four months have been suspended due to substantial Aid. The Sportsman commits a second violation of the anti-doping rules that results from the presence of a stimulant that is not a Specific Substance in a Control In Competition (article 2.1); the Sportsman demonstrates Absence of Culpa or of Negativa Significant. If this was a first infringement, the panel could sanction the Sportsman with a 16-month suspension period and suspend six months for substantial Aid.

Application of Consequences:

1. Article 10.7 is applicable to the second infringement of the anti-doping rules because Articles 10.7.4.1 and 10.7.5 apply.

2. According to Article 10.7.1, the suspension period would be the largest of:

a) Six months;

b) half of the suspension period imposed by the first infringement of the anti-doping rules without taking into account any reduction in Article 10.6 (in this example this would correspond to half of 14 months, which are seven months). months); or

c) double the suspension period which would have been applied to the second infringement of the anti-doping rules treated as if it were a first infringement, without taking into account any reduction in Article 10.6 (in this example this would correspond to the double of 16 months, which is 32 months).

Therefore, the suspension period for the second violation would be the largest of a), b), and c) which is a 32-month suspension period.

3. In a next step, the panel would assess the possibility of suspension or reduction in accordance with Article 10.6 (reductions not related to Culpa). In the case of the second infringement, only Article 10.6.1 (Substantial Aid) applies. Based on substantial Help, the Suspension period could be reduced by three quarters of the 32 months *. The minimum suspension period would therefore be eight months. (We assume for illustrative purposes in this example that the panel reduces eight months of the Substantial Aid Suspension Period, thus reducing the suspension period imposed to two years.)

* Prior to the approval of the AMA in exceptional circumstances, the maximum suspended time of the Suspension for Substantial Aid period may be greater than three quarters of that period, and may also be delayed their communication and publication.

4. Since the Adverse Analytic Result was In the Competition, the panel will automatically annul the result obtained in that Competition.

In accordance with Article 10.8, all results obtained by the Sportsman after the date of the sampling until the beginning of the suspension period should be annulled unless for reasons of equity otherwise consider.

5. The information referred to in Article 14.3.2 shall be publicly disclosed, except in the case where the Sportsman is a Minor, it is already a mandatory part of each sanction (Article 10.13).

6. The Sportsman is not allowed to participate in any way in a Competition or other sporting activity which is under the competence of any Signatario or its affiliates during the period of Suspension (article 10.12.1). However, the Sportsman can be retrained with a team or use the facilities of a club or other member organisations of a Signatory or its affiliates during the minor of the following periods: (a) the last two months of the suspension period of the Sportsman, or (b) the last quarter of the period of suspension imposed (Article 10.12.2). Therefore, the Sportsman could be allowed to return to training two months before the end of the Suspension period.

Madrid, 7 March 2016. -Technical General Secretariat of the Ministry of Foreign Affairs and Cooperation, Isabel Vizcaino Fernández de Casadevante.