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Resolution Of 22 April 2015, Of The Presidency Of The Superior Council Of Sports, That Approve Forms For The Doping Controls.

Original Language Title: ResoluciĆ³n de 22 de abril de 2015, de la Presidencia del Consejo Superior de Deportes, por la que se aprueban los formularios para los controles de dopaje.

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TEXT

Chapter IV of Title IV of Royal Decree 641/2009 of 17 April 2009 on the control of doping control processes and the laboratories of authorised analysis and establishing complementary prevention measures of doping and health protection in sport, as amended by Royal Decree 1744/2011 of 25 November, regulates the carrying out of checks and sampling.

In particular, in Article 81 it is established that the data relating to the process of collection of samples will be collected in the corresponding Doping Control Form, which will be established by Resolution of the President of the Council Superior Sports.

Since the biological samples to be analyzed can be both urine and blood, and in order to clarify the procedures, it is understood that the best option is the approval of two control forms, one of urine and one of blood, which collects the different matrices on which the corresponding analyses are carried out.

For the purposes of simplification, the form of notification is included in these control forms, with all the requirements required in the Royal Decree.

Also, in Article 93 of Royal Decree 641/2009 of 17 April 2009, a document is established attached to the control form in which observations, irregularities or unusual behaviour may be declared. in the control process.

For further clarity, approval of a supplementary information form is considered appropriate, in which any comments on the control process that the sportsman, his companion, the person, the person, the person or the person of the Doping Control Agents or other authorised persons to be present in the control, and a mission form in which the Control Officer shall report on different aspects of the control process related to the selection of the sportsman, area control and development of the collection of samples.

On the other hand, Article 103 of Royal Decree 641/2009 of 17 April 2009 provides for the existence of a form of transport of the samples, in which the codes of the samples and the means of transport are related. used for sending the samples to the laboratory to be analyzed.

And in turn, Article 104 of Royal Decree 641/2009, of April 17 also establishes the competence of the Presidency of the Superior Council of Sports to approve the form of chain of custody, which must be completed whether the samples are delivered directly to the laboratory by one of the doping control agents as if they are carried by a transport undertaking.

Also for simplification purposes, it is considered that the best option is the approval of a transport form and chain of custody, which will collect the data of the mission, the identification of the samples, information on the shipping, movements in storage, transfer to the laboratory, and receipt by the laboratory.

On the other hand, article 11.1 of the Organic Law 3/2013, of 20 June, of protection of the health of the athlete and the fight against doping in the sport, establishes the obligation of all the athletes included in the sport Title II of the same, to submit, in competition and out of competition, to the controls determined by the Spanish Agency for Health Protection in Sport or, where appropriate, the Spanish sports federations.

Chapter II of Title II of the Organic Law 3/2013 regulates the sanctioning regime in the doping case.

In particular, Article 22 criminalizes infringements in the field of doping, considering as a serious infringement the failure to comply with the obligations relating to the submission of information on location or relating to the availability of the sportsman to carry out the checks at that location. An infringement shall be deemed to exist where the athlete has failed to fulfil the location obligations on three occasions for a period of 18 months.

Also, Article 78 of Royal Decree 641/2009 of 17 April determines that, in the case of an out-of-competition control, if the doping control officer is present at the location provided by the athlete, and does not finds, will wait for at least thirty additional minutes at that place, and if not personse will record the circumstances in which you have attempted control.

The approval of a failed Intent form is considered necessary, in which detailed information about the athlete's lack of location is provided.

Forms must be completed on a hard surface, in capital letters, and must be sure, when writing, that the written data is readable in all the sheets.

Law 11/2007, of 22 June, on the electronic access of citizens to public services, promotes the application of electronic means to work processes and the management of procedures and action administrative.

Under the criteria of administrative simplification, electronic means may be used for the completion of forms.

Royal Decree 1671/2009 of 6 November 2009, which partially develops Law 11/2007, of 22 June, of electronic access of citizens to public services, allows the practice of media notifications (i) electronic communications, where this has been expressly agreed by the person concerned. The practice of notifications may be agreed in the e-mail addresses which citizens choose, provided that an acknowledgement of receipt is automatically generated and irrespective of the will of the addressee. receipt and originating at the time of access to the content of the notification.

If electronic means are used for the completion of the forms, copies of the doping control forms addressed to the athlete will be notified in the e-mail address provided by the on the form itself, provided that it has expressly consented.

On the basis of all of the above, it is understood that the approval of 6 types of forms is necessary: the Orina Control Form, set out in Annex I, the Blood Control Form, in Annex II, the Information Form Supplementary, in Annex III, the Transport and Chain of Custody Form, in Annex IV, the Failed Attempt Form, in Annex V and the Mission Report Form, in Annex VI.

Also, in Annex VII, instructions are given for the correct completion of the forms and in Annex VIII for definitions.

It should be noted, finally, that the forms have been prepared on the basis of the World Anti-Doping Agency and that in addition to Spanish, English has been used.

Madrid, April 22, 2015. -President of the Superior Council of Sports, Miguel Cardenal Carro.

ANNEX I

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ANNEX II

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ANNEX III

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ANNEX IV

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ANNEX V

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ANNEX VI

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ANNEX VII

Instructions for completing forms

Doping control forms (urine)

1. The form to be used is the one included in Annex I of this Resolution, with the official logo of the Spanish Agency for Health Protection in Sport. This form consists of five self-copy sheets, differentiated by color, according to the final recipient, which will be the following:

a) Original, in green, addressed to the Control Authority: Spanish Agency for Health Protection in Sport, International Federation or competent international body.

b) First copy, in yellow, directed to the sportsman. On the back of it, the clauses relating to the protection of personal data of the sportsman shall be collected.

c) Second copy, in pink, addressed to the Collection Authority: Spanish Agency for Health Protection in Sport or body responsible for sampling.

d) Third copy, in blue, directed to the doping control laboratory.

e) Fourth copy: Notification, in yellow, directed to the sportsman. On the back of it, information on the rights and obligations of the athlete shall be collected.

2. If the Doping Control Agent lacks space to fill in any part of the form, you will need to use the Complementary Information Form.

3. The Doping Control Agent shall draw a line on any part of the form that is not applicable, including unused boxes for the identification of the samples.

4. The responsible doping control agent shall complete all paragraphs, taking into account the following:

Top right side of the form:

a) Control Authority: Spanish Agency for Health Protection in Sport, International Federation or competent International Agency.

(b) Collection Authority: Spanish Agency for Health Protection in Sport or Body in charge of sampling.

c) Result Management Authority: Spanish Agency for Health Protection in Sport, International Federation or competent international body.

d) Mission code.

e) Sport.

f) Discipline.

Section 1: Sportsman information:

a) It is mandatory to complete all fields.

b) The address of the athlete is that of his usual address.

(c) The identification of the athlete shall be made by means of an official document including name and photograph.

Section 2: Notification:

The notification to the athlete that he has been selected for doping control must be delivered by the doping control officer or the member of the sample collection team designated by him.

The Agent will indicate the date, place, and time of the notification practice.

The athlete will be informed by the Agent or School that on the back of the notification their rights and obligations are described in the procedure.

In case the athlete requests a delay to appear in the area of doping control it must be granted or denied by the Doping Control Officer. If this is the case, the Official, in addition to stating the maximum time to which it can be presented in the appropriate box, must justify the reasons for the delay in the Complementary Information Form.

The Agent or School will complete its name and sign the notification.

If the sportsman expressly refuses to receive the notification, such a circumstance shall be stated and require an eyewitness to be credited for this fact.

Finally, the Agent or School will give the athlete the top of the copy of the notification (in yellow), ripping the form and disposing of the rest.

In cases where the athlete expressly consents to the use of electronic means, the notification will also be produced by these means, with the athlete's receipt of the same being recorded.

In case of non-location of the athlete, the five sheets of the form, completed as far as possible, must be forwarded by the doping control officer to the body responsible for the control, required, in this case, complete the failed control form.

Section 3: Analysis information:

The Agent for Doping Control must indicate, if the control is carried out in competition, the name of the same. It must also mark the sex of the sportsman and indicate the date, time of arrival at the control area, the code of the sample and the time of its closure. Finally, it will record the type of analysis requested by the Control Authority.

If partial samples are not required, the "NO" box should be marked and a line drawn along the entire section.

If no additional samples have been collected, the "NO" box should be marked and a line drawn along the entire section. If more than two additional samples are collected, the Doping Control Agent must complete the necessary additional control forms. The Doping Control Agent, in this case, will fill in the Complementary Information Form all the codes of samples collected, indicating the fact that they are additional samples, and will send it to the laboratory making sure that they do not information about the athlete is contained.

Each of the witnesses must put the initials of their name and two surnames, in order to determine, subsequently, the stage of the process in which he has witnessed, by including his name and signature in section 4. form.

The athlete, under the direct observation of the Agent for the Control of Doping, will pour the corresponding volume of urine in the A and B bottles. If the sportsman delegates at the Agent of Doping Control to perform these functions, You must resent it in the form. If the athlete is disabled, he/she may delegate these operations to his or her companion or to the doping control agent whenever he or she formalizes the corresponding authorization on the form.

The final collection time refers to the time when both jars were closed and their codes and their tightness were checked.

The athlete will complete the box declaration of Use of Medicines and/or Supplements. In case the space is insufficient, use of the Supplementary Information Form. It shall also indicate, where appropriate, the AUT code.

Section 4: Acceptance of the sampling procedure:

In case any of those present in the process have to make any observations, they will reflect the same in the enabled section for it, by signing it. If necessary, a statement must be made in the Complementary Information Form, making this action known by marking it in the corresponding space. If no observations are made, the Agent will transcribe "No Comments" in that section.

If a Complementary Information Form is required in the corresponding box, it will be marked "YES", being linked to it by the sample code.

Also, in relation to the choice of material for sampling, if the athlete considers that the disposable container does not meet the necessary integrity conditions and does not satisfy him, and the control officer of the If there is no agreement, then the process of collecting samples must be followed, indicating the doping control officer these reasons in the form in the section of the observations and if there is not enough space in the form of Supplemental Information.

As a declaration of compliance with the data included in the form and with the processes of collection of samples developed, you must sign the witness or witnesses if there has been more than one, of the direct collection of the urine. If no witnesses have participated, a line must be drawn along the entire section.

Also, and in the event that an athlete's companion has attended, your name must be entered and you must sign the form. Otherwise, you will need to draw a line throughout that section.

In case other authorised persons attend the doping control procedure, this circumstance shall be stated together with their identification in the Complementary Information Form.

The Agent that has acted as a doping control officer in the process must include its name, fill in the end date and time and once checked the suitability of the form, sign in the space enabled for this.

Finally, the athlete will declare that the information provided is correct and that the sampling has been carried out in accordance with the current procedure.

In case the athlete does not agree to sign this declaration, the doping control officer will resend this circumstance in the Complementary Information Form, requesting the athlete to justify his refusal.

Once the entire form is completed, the doping control officer will deliver the yellow copy to the athlete, place the copy in blue with the samples for submission to the Laboratory, send the copy in pink to the body performing the control and shall forward the original in green colour to the body responsible for the control.

If electronic means are used for the completion of the form, the copy addressed to the sportsman will be notified in the e-mail address provided by the same on the form itself, provided there is expressly consented to.

Doping control forms (blood)

1. The form to be used is the one included in Annex II of this Resolution, with the official logo of the Spanish Agency for Health Protection in Sport. This form consists of five self-copy sheets, differentiated by color, according to the final recipient, which will be the following:

a) Original, in green, addressed to the Control Authority: Spanish Agency for Health Protection in Sport, International Federation or competent international body.

b) First copy, in yellow, directed to the sportsman. On the back of it, the clauses relating to the protection of personal data of the sportsman shall be collected.

c) Second copy, in pink, addressed to the Collection Authority: Spanish Agency for Health Protection in Sport or body responsible for sampling.

d) Third copy, in blue, directed to the doping control laboratory.

e) Fourth copy: Notification, in yellow, directed to the sportsman. On the back of it, information on the rights and obligations of the athlete shall be collected.

2. If the Doping Control Agent lacks space to fill in any part of the form, you will need to use the Complementary Information Form.

3. The Doping Control Agent shall draw a line on any part of the form that is not applicable, including unused boxes for the identification of the samples.

4. The responsible doping control agent shall complete all paragraphs, taking into account the following:

Top right side of the form:

(a) Control Authority: Spanish Agency for Health Protection in Sport, International Federation or competent international body.

(b) Collection Authority: Spanish Agency for Health Protection in Sport or body responsible for sampling.

c) Result Management Authority: Spanish Agency for Health Protection in Sport, International Federation or competent international body.

d) Mission code.

e) Sport.

f) Discipline.

Section 1: Sportsman information:

a) It is mandatory to complete all fields.

b) The address of the athlete is that of his usual address.

(c) The identification of the athlete shall be made by means of an official document including name and photograph.

Section 2: Notification:

The notification to the athlete that he has been selected for doping control must be delivered by the doping control officer or the member of the sample collection team designated by him.

The Agent will indicate the date, place, and time of the notification practice.

The athlete will be informed by the Agent or School that on the back of the notification their rights and obligations are described in the procedure.

In case the athlete requests a delay to appear in the area of doping control it must be granted or denied by the Doping Control Officer. If this is the case, the Official, in addition to stating the maximum time to which it can be presented in the appropriate box, must justify the reasons for the delay in the Complementary Information Form.

The Agent or School will complete its name and sign the notification.

If the sportsman expressly refuses to receive the notification, such a circumstance shall be stated and require an eyewitness to be credited for this fact.

Finally, the Agent or School will give the athlete the top of the copy of the notification (in yellow), ripping the form and disposing of the rest.

In cases where the athlete expressly consents to the use of electronic means, the notification will also be produced by these means, with the athlete's receipt of the same being recorded.

In case of non-location of the athlete, the five sheets of the form, completed as far as possible, must be forwarded by the doping control officer to the body responsible for the control, required, in this case, complete the failed control form.

Section 3: Analysis information:

The Agent for Doping Control must indicate, if the control is carried out in competition, the name of the same. It must also mark the sex of the sportsman and indicate the date, time of arrival at the control area, the code of the sample and the time of its closure. Finally, it will record the type of analysis requested by the Control Authority.

When the requested analysis is of type ABP, the athlete must be informed of the particularities of this type of analysis. In addition, in this type of analysis the control agent that extracts the sample shall ask the athlete the questions contained in the form, which are necessary for a correct interpretation of the results derived from the analysis.

The sportsman will complete the box Declaration of Use of Medicines and/or Supplements. In case the space is insufficient, use of the Supplementary Information Form. It shall also indicate, where appropriate, the AUT code.

Section 4: Acceptance of the sampling procedure:

In case any of those present in the process have to make any observations, they will reflect the same in the enabled section for it, by signing it. If necessary, a statement must be made in the Complementary Information Form, making this action known by marking it in the corresponding space. If no observations are made, the Agent will transcribe "No Comments" in that section.

If a Complementary Information Form is required in the corresponding box, it will be marked "YES", being linked to it by the sample code.

Also, in relation to the choice of material for sampling, if the athlete considers that the extraction material does not meet the necessary integrity conditions and does not satisfy him, and the control officer of the If there is no agreement, then the process of collecting samples must be followed, indicating the doping control officer these reasons in the form in the section of the observations and if there is not enough space in the form of Supplemental Information.

In relation to the transport material for blood samples, if the material chosen by the athlete includes coded adhesive labels, the athlete must verify with the doping control officer that the tags of these tags match those of the transport container. If it does not coincide, it will choose another transport game, this circumstance being recorded in the corresponding form in the comments section.

The doping control agent that has extracted the blood sample, the officer and, in the case of an accompanying athlete, must be identified and signed by the agent. form. Otherwise, a line must be drawn along the entire section.

Finally, the athlete will declare that the information provided is correct and that the sampling has been carried out in accordance with the current procedure.

In case the athlete does not agree to sign this declaration, the doping control officer will resend this circumstance in the Complementary Information Form, requesting the athlete to justify his refusal.

Once the entire form is completed, the doping control officer will deliver the yellow copy to the athlete, place the copy in blue with the samples for submission to the laboratory, send the copy in pink to the body performing the control and shall forward the original in green colour to the body responsible for the control.

If electronic means are used for the completion of the form, the copy addressed to the sportsman will be notified in the e-mail address provided by the same on the form itself, provided there is expressly consented to.

Supplementary information form

1. The form to be used is the one included in Annex III of this Resolution, with the official logo of the Spanish Agency for Health Protection in Sport. The form will consist of 3 self-copy sheets, differentiated by color and directed to:

a) Original, in green, addressed to the Control Authority: Spanish Agency for Health Protection in Sport, International Federation or competent international body.

b) First copy, in pink, directed to the Doping Control Officer.

c) Second copy, in yellow, for the declarant.

2. In the upper right hand side of the Form the code of the sample is specified, which will be the one entered on the Control Form, if it has been used.

3. The declarant shall communicate to the Doping Control Agent what he wishes to resent, by signing on the form, in the spaces established for this purpose.

4. The doping control agent completing the form shall ensure that the data entered is legible on all the sheets.

In Section 1, the box corresponding to the person making the declaration must be marked, which may be either any Agent of Control of the sample team, or the athlete himself, his or her companion or other person who has is authorised to be present in the control.

In Section 2, the box corresponding to the object of the form must be marked, among those specified or another different in paragraph Other.

In section 3, the supplementary information which is the subject of the form must be clearly and legibly specified.

Finally, in Section 4, the date and time shall be entered, the identification of the declarant and his signature, as well as that of the Control Officer and his signature.

5. The Control Officer shall transmit the form to the Spanish Agency for Health Protection in Sport, International Federation or competent international body together with the control form and shall provide the copy corresponding to the declarant.

Transportation form and chain of custody

1. The form to be used is the one included in Annex IV of this Resolution, with the official logo of the Spanish Agency for Health Protection in Sport. The form will consist of 3 self-copy sheets, differentiated by color and directed to:

a) Original, in green, addressed to the Control Authority: Spanish Agency for Health Protection in Sport, International Federation or competent international body.

b) First copy, in blue, directed to the lab.

c) Second copy, in pink, directed to the Doping Control Officer.

2. The transport and custody of the samples shall be carried out in accordance with the provisions of Sections 10 and 11 of Chapter IV of Title IV of Royal Decree 641/2009.

3. The responsible doping control agent shall complete all paragraphs, taking into account the following:

Top right side of the form:

(a) Control Authority: Spanish Agency for Health Protection in Sport, International Federation or competent international body.

(b) Collection Authority: Spanish Agency for Health Protection in Sport or body responsible for sampling.

c) Sport.

d) Mission code.

Section 1: Mission information:

a) It is mandatory to complete all fields.

(b) The Doping Agent shall indicate, if the control is carried out in competition, the name of the doping control agent.

Section 2: Identification of samples:

The codes for all samples that are sent together within the same mission will be specified. If a sample, urine, is sent without refrigeration and other samples, blood, are sent refrigerated, two transport forms and chain of custody must be completed.

Section 3: Shipment Information:

The name of the laboratory where the samples will be sent must be indicated. Also, if the consignment is refrigerated, the appropriate box must be marked. If the temperature control device code exists, it shall be recorded. This code is unique and appears on the back of the device.

Section 4: Storage Movements:

The name of the person receiving the samples, the date and time of the receipt, as well as the place of storage must be completed. The person receiving the samples must sign at the time of doing so. If it is a refrigerated consignment, the temperature control device must always accompany the samples.

Section 5: Transfer to the lab:

The Control Agent will record its name, the date and time of the end of the storage, and the mode of shipment. If the transfer is carried out by courier, the name of the undertaking and the number of albaran shall be indicated. The Control Agent shall sign the declaration stating that the samples have been packaged in order to ensure the integrity of the samples during transport.

Section 6: Laboratory Reception:

Delivered the samples in the laboratory, the person receiving the samples will indicate their name, position, date and time of arrival of these samples. You should check that the kit codes correspond to the coding of samples and forms, and that the kits do not show signs of degradation and/or manipulation. Finally, your signature will be entered.

Failed attempt form

1. The form to be used is the one included in Annex V of this Resolution, with the official logo of the Spanish Agency for Health Protection in Sport. This form consists of two self-copy sheets, differentiated by color, according to the final recipient, which will be the following:

a) Original, in green, addressed to the Control Authority: Spanish Agency for Health Protection in Sport, International Federation or competent International Agency.

b) First copy, in pink, addressed to the Doping Control Officer.

2. The Doping Control Agent will draw a line on any part of the form that is not applicable.

3. The responsible doping control agent shall complete all paragraphs, taking into account the following:

Top right side of the form:

a) Control Authority: Spanish Agency for Health Protection in Sport, International Federation or competent International Agency.

(b) Collection Authority: Spanish Agency for Health Protection in Sport or body responsible for sampling.

c) Sport.

d) Mission code.

Section 1: Sportsman information:

It will contain its name and last name and code in ADAMS.

Section 2: Mission information:

The last date on which the location was checked will be indicated, attaching the document used for the location of the athlete.

Section 3: Attempt information:

a) Address, indicating whether it is housing, training site, workplace or other.

b) The date of the attempt.

c) Arrival time and time of departure.

d) Description, as detailed as possible, of the failed attempt.

e) To carry out, if possible, photographs that allow the presence of the Agent at the location of the location, for example street plaque, mailbox, portal, etc. In this case, the appropriate box must be marked.

Section 4: Phone Contacts:

a) Whether or not there has been telephone contact with the athlete.

b) If you have spoken to other people you will need to enter your name, relationship, phone number and time of call.

Section 5: Confirmation:

The Control Agent will record its name, date, and signature. If it were two Agents, they will sign both.

Mission report form

1. The form to be used is the one included in Annex VI of this Resolution, with the official logo of the Spanish Agency for Health Protection in Sport. The form shall consist of two self-copy sheets, differentiated by colour and directed to:

a) Original, in green, addressed to the Control Authority: Spanish Agency for Health Protection in Sport, International Federation or competent international body.

b) First copy, in pink, addressed to the Doping Control Officer.

2. In the upper right hand side of the Form the code of the sample is specified, which will be the one entered on the Control Form, if it has been used.

3. The Doping Control Agent shall draw a line on any part of the form that is not applicable, including unused boxes for the identification of the samples.

4. The responsible doping control agent shall complete all paragraphs, taking into account the following:

Top right side of the form:

Section 1: Personnel involved in the mission:

The names of the sample collection team members will be entered.

Section 2: Sportsman selection:

(a) It shall indicate whether all the controls indicated for the mission have been carried out and whether the selected athletes were those indicated on the mission.

b) In case of any change, detail, in the blank, these changes and the reasons.

Section 3: Control Area:

(a) It should be noted if the control area met the minimum requirements to carry out the control, if the cleaning conditions were adequate and if the organization of the competition has collaborated in the realization of the control.

b) In case of any change, detail, in the blank, these changes and the reasons.

Section 4: Development of sample collection:

a) You must report on different aspects of the related control process.

b) In case of any change, detail, in the blank, these changes and the reasons.

Section 5: Acceptance of the sampling procedure:

The Control Officer will enter your name, date, and signature.

ANNEX VIII

Definitions

ADAMS (Anti-Doping Administration and Management System): Information system established by the World Anti-Doping Agency (WADA). This is a database management tool located on a website, to enter, store, share and report information, in order to help stakeholders and the AMA in their activities against the doping, together with legislation on data protection.

Control Authority: Organization that authorizes the realization of controls.

Result Management Authority: Organization responsible for managing the results of the controls.

Sample Collection Authority: Organization responsible for sampling.

Individual Tracking Group: Group of High Level Sportsmen identified by each International Federation or anti-doping organisation, and who are subject to both competitive and non-competitive controls in the framework of the planning of controls of the International Federation or the national anti-doping organisation concerned.

Failed attempt: Doping control that could not be performed by not being able to locate the athlete who was going to be subjected to it.

Biological Passport: The data collection and collation program and methods described in the International Standard for Controls and Research 2015 and the International Standard for Laboratories.