Anti-Doping Regulations, 2011

L.N. 281 of 2011

SPORTS ACT

(CAP. 455)

Anti-Doping Regulations, 2011

IN exercise of the powers conferred by article 6(1)(n) and 53 of

the Sports Act, the Minister of Education, Employment and the

Family, after consultation with the Kunsill Malti għall-Isport, has

made the following regulations:-

The title of these regulations is the Anti-Doping Citation.

Regulations, 2011.

(Regulation 15)

ATHLETE SUPPORT PERSONNEL ANTI-DOPING

ACKNOWLEDGMENT AND AGREEMENT

I, as a member of the _______________________ Association

hereby acknowledge and agree as follows

(a) I fully understand the National-Anti-Doping Regulations

and its provisions and consequences of doping.

(b) I consent and agree to comply with and be bound by all the

provisions of the National Anti-Doping Rules Regulations.

(c) I acknowledge and agree that the National Anti-Doping

Organisation has jurisdiction to impose sanctions as provided in the

National Anti-Doping Regulations.

(d) I have read and understand this Acknowledgment and

Agreement.

Name in Full

Signature

Identification Number

Date

ATHLETE’S CONSENT FORM

(a) I hereby acknowledge that I fully understand the National

Anti-Doping Regulations and its provisions and consequences of

doping.

(b) I understand that I should make myself available for

testing both In-Competition and Out-of-Competition in accordance

with the procedures adopted by the National Anti-Doping

Organisation (NADO).

(c) I further understand that failure or refusal to provide a

sample may constitute an anti-doping violation.

(d) I am aware that my Doping Control data will be used in

anti-doping programmes for the detection, deterrence and prevention

of doping.

(e) I understand that withdrawal of my consent to the

processing of my Doping Control data will be construed as a refusal

to participate in anti-doping control procedures mandated by the

National Anti-Doping Regulations and may result in disciplinary and

other sanctions being imposed on me.

(f) By signing this form, I hereby declare that I agree to abide

by the National Anti-Doping Regulations and that I expressly consent

to provide samples for testing as well as consent to the processing of

my Doping Control related data.

Athlete’s Name in Full

Signature

Parent/Guardian’s Name in Full

Signature

(athletes under 18 years of age)

Date of Birth of Athlete

Sport Association

In these regulations, unless the context otherwise requires

Definitions.

"ADAMS" means the anti-doping

administration

and

management system maintained by WADA;

"ADC" means the Anti-Doping Commission appointed by the

Minister responsible for Sports to oversee all aspects of the NADO’s

Anti-Doping Programme in accordance with the international standard

for testing. The Anti-Doping Commission is to consist of a chairperson

and a minimum of three and a maximum of five other members with

expertise in the field of anti-doping;

"adverse analytical finding" means a report from a laboratory or

other approved Testing entity that identifies in a sample the presence

of a prohibited substance or its metabolites or markers, including

elevated quantities of endogenous substances, or evidence of the use

of a prohibited method;

"anti-doping organisation" means a signatory that is responsible

for adopting regulations for initiating, implementing or enforcing any

part of the doping control process.;

"athlete" means any person who participates in sport at the

international level as defined by each international federation, at the

national level as defined by each national anti-doping organisation,

including but not limited to those persons in its registered testing

pool, and any other competitor in sport who is otherwise subject to

the jurisdiction of any signatory or other sports organisation

accepting the Code. All provisions of the Code including testing, and

therapeutic use exemptions must be applied to international and

national-level competitors. Some national anti-doping organisations

may elect to test and apply anti-doping regulations to recreational-

level or masters-competitors who are not current or potential national

calibre competitors. National anti-doping organisations are not

required, however, to apply all aspects of the Code to such persons.

Specific national regulations may be established for doping control

for non-international-level or national-level competitors without

being in conflict with the Code. Thus, a country could elect to test

recreational-level competitors but not require therapeutic use

exemptions or whereabouts information. In the same manner, a major

event organisation holding an event only for masters-level

competitors could elect to test the competitors but not require

advance therapeutic use exemptions or whereabouts information. For

the purposes of administration or attempted administration, and for

the purposes of anti-doping information and education, any person

who participates in sport under the authority of any signatory,

government, or other sports organisation accepting the Code, is an

athlete;

"athlete support personnel" means coach, trainer, manager,

agent, team staff, official, medical, paramedical personnel, parent or

any other person working with, treating or assisting an athlete

participating in or preparing for sports competition;

"attempt" means engaging in conduct that constitutes a

substantial step in a course of conduct which could or did culminate

in the commission of an anti-doping rule violation; so however that

there shall be no anti-doping rule violation based solely on an attempt

to commit a violation if the person renounces the attempt prior to it

being discovered by a third party not involved in the attempt;

"atypical finding" means a report from a laboratory or other

WADA-approved entity which requires further investigation as

provided by the international standard for laboratories or related

technical documents prior to the determination of an adverse

analytical finding;

"CAS" means the Court of Arbitration of Sport;

"the Code" means the World Anti-Doping Code first adopted by

WADA on 5 March, 2003, and any other subsequent amendments * ;

"competition" means a single race, match, game or singular

athletic contest. For stage races and other athletic contests where

prizes are awarded on a daily or other interim basis the distinction

*http://www.wada-ama.org/

between a competition and an event will be as provided in the

regulations of the applicable International Federation;

"consequences of anti-doping regulations violations" means an

athlete’s or other person’s violation of an anti-doping rule that may

result in any of disqualification, ineligibility and provisional

suspension;

"the Council" means the Kunsill Malti għall-Isport established

according to article 4 of the Act;

"disqualification" means the athlete’s results in a particular

competition or event are invalidated, with all resulting consequences

including forfeiture of any medals, points and prizes;

"doping" means the occurrence of one or more of the anti-

doping rule violations mentioned in regulation 3;

"doping control" means all steps and processes from test

distribution planning to ultimate disposition of any appeal including

where applicable all steps and processes in between, including

provision of whereabouts information, sample collection and

handling, laboratory analysis, therapeutic use exemptions, results

management and hearings;

"event" means a series of individual competitions conducted

together under one ruling body;

"event period" means the time between the beginning and end of

an event, as established by the ruling body of the event;

"illicit use" means the utilisation, application, ingestion,

injection or consumption by any means whatsoever of any prohibited

substance or prohibited method;

"in-competition" means the period commencing twelve hours

before a competition in which the athlete is scheduled to participate

through the end of such competition and the sample collection

process related to such competition unless provided otherwise in the

regulations of an International Federation or other relevant anti-

doping organisation;

"independent observer program" means a team of observers,

under the supervision of WADA, who observe and may provide

guidance on the doping control process at certain events and report on

their observations;

"ineligibility" means the athlete or other person is barred for a

specified period of time from participating in any competition or

another activity or funding as provided in the Code under ‘Status

during Ineligibility’;

"individual sport" means any sport that is not a team sport;

"international event" means an event where an international

sport organisation is the ruling body for the event or appoints the

technical officials for the event;

"international-level athlete" means an athlete designated by one

or more international federations as being within the registered

testing pool for an international federation;

"international standard" means a standard adopted by WADA in

support of the Code. Compliance with an international standard as

opposed to another alternative standard, practice or procedure shall be

sufficient to conclude that the procedures addressed by the

international standard were performed properly. International

standards shall include any technical documents issued pursuant to

the international standard;

"major event organisations" means continental associations of

national olympic committees and other international multi-sport

organisations that function as the ruling body for any continental,

regional or other international event;

"marker" means a compound, group of compounds, or

biological parameter or parameters that indicate the use of a

prohibited substance or of a prohibited method;

"metabolite" means any substance produced by a bio-

transformation process;

"minor" means a natural person who has not reached the age of

majority as established by the applicable laws of the person’s country

of residence;

"national event" means a sport event involving international or

national-level athletes that is not an international event;

"national anti-doping appeal panel" means the panel appointed

by the government or by the Council to adjudicate on appeals from

decisions of the national anti-doping disciplinary panel;

"national anti-doping disciplinary panel" means the panel

appointed by government or by the Council to adjudicate on alleged

violations of these regulations, unless the CAS is preferred;

"national anti-doping organisation" means the entity or entities

designated by each country as possessing the primary authority and

responsibility to adopt and implement anti-doping regulations, direct

the collection of samples, the management of test results, and the

conduct of hearings, all at the national level. For the purposes of these

regulations, the Council is the designated entity;

"national association" means a national entity which is

registered and recognized by the Council as the entity governing sport

in Malta;

"national-level athlete" means an athlete other than an

international-level athlete who is designated by the national anti-

doping organisation as being within the national anti-doping

organisation registered testing pool;

"National Olympic Committee" means the organisation

recognised by the International Olympic Committee;

"no advance notice" means a doping control which takes place

with no advance warning to the athlete and where the athlete is

continuously chaperoned from the moment of notification through

sample provision;

"no fault or negligence" means the athlete’s establishing that he

did not know or suspect, and could not reasonably have known or

suspected even with the exercise of utmost caution, that he had

illicitly used or been administered the prohibited substance or a

prohibited method;

"no significant fault or negligence" means the athlete’s

establishing that his fault or negligence, when viewed in the totality

of the circumstances and taking into account the criteria for no fault

or negligence, was not significant in relationship to the anti-doping

rule violation;

"out of competition" means any doping control which is not in-

competition;

"participant" means any athlete or athlete-support personnel;

"person" means a natural person or an organisation or other

entity;

"possession" means the actual, physical possession, or the

constructive possession, which shall be found only if the person has

exclusive control over the prohibited substance or over the prohibited

method or the premises in which a prohibited substance or prohibited

method exists

Provided that if the person does not have exclusive control

over the prohibited substance or over the prohibited method or the

premises in which a prohibited substance or prohibited method exists,

constructive possession shall only be found if the person knew about

the presence of the prohibited substance or prohibited method and

intended to exercise control over it

Provided further that there shall be no anti-doping rule

violation based solely on possession if, prior to receiving notification

of any kind that the person has committed an anti-doping rule

violation, the person has taken concrete action demonstrating that the

person never intended to have possession and has renounced

possession by explicitly declaring it to the National Anti-Doping

Organisation

Provided also that notwithstanding anything to the

contrary in this definition, the purchase, including by any electronic

or other means, of a prohibited substance or prohibited method

constitutes possession by the person who makes the purchase;

"prohibited list" means the WADA list identifying the

prohibited substances and the prohibited methods as adjourned from

time to time;

"prohibited method" means any method so described on the

prohibited list;

"prohibited substance" means any substance so described on the

prohibited list;

"provisional hearing" means an expedited abbreviated hearing

occurring prior to a hearing under regulation 8 that provides the

athlete with notice and an opportunity to be heard in either written or

oral form;

"provisional suspension" means the athlete or other person

being barred temporarily from participating in any competition prior

to the final decision at a hearing conducted under the principle of the

‘Right to a Fair Hearing’;

"publicly disclose" or "publicly report" means to disseminate or

distribute information to the general public or persons beyond those

persons entitled to earlier notification in accordance with the relevant

provisions of the Code;

"registered testing pool" means the pool of top level athletes

established separately by each international federation and national

anti-doping organisation subject to both in-competition and out-of-

competition testing as part of that international federation’s or

national anti-doping organisation’s test distribution plan;

"sample" or "specimen" means any biological material for the

purposes of doping control;

"signatories" means those entities signing the Code and

agreeing to comply with the Code and WADA;

"specified substance" shall have the same meaning as that given

under regulation 5(3);

"substantial assistance" means a person providing assistance

that fully discloses in a signed written statement all information such

person possesses in relation to anti-doping violations and fully

cooperates with the investigation and adjudication of any case related

to that information, and shall include the presenting of testimony at a

hearing if so requested by an anti-doping organisation or a hearing

panel. The information provided shall be credible and shall comprise

an important part of any case which is initiated or, if no case is

initiated, shall have provided a sufficient basis on which a case could

have been brought;

"tampering" means altering for an improper purpose or in an

improper way, bringing improper influence to bear, interfering

improperly, obstructing, misleading or engaging in any fraudulent

conduct to alter results or prevent normal procedures from occurring;

or providing fraudulent information to an anti-doping organisation;

"target testing" means the selection of athletes for testing where

specific athletes or groups of athletes are selected on a non-random

basis for testing at a specified time;

"team sport" means a sport in which the substitution of players

is permitted during a competition;

"testing" means the parts of the doping control process

involving test distribution planning, sample collection, sample

handling, and sample transport to the laboratory;

"trafficking" means selling, giving, transporting, sending,

delivering or distributing a prohibited substance or prohibited method

either physically or by any electronic or other means by an athlete,

athlete support personnel or any other person subject to the

jurisdiction of an anti-doping organisation to any third party;

provided, however, this definition shall not include the actions of

bona fide medical personnel involving a prohibited substance used for

genuine and legal therapeutic purposes or other acceptable

justification, and shall not include actions involving prohibited

substances which are not prohibited in out-of-competition testing

unless the circumstances as a whole demonstrate such prohibited

substances are not intended for genuine and legal therapeutic

purposes;

"TUE" means therapeutic use exemption;

"UNESCO Convention" means the International Convention

against Doping in Sport adopted by the 33rd session of the UNESCO

General Conference on 19 October, 2005 including all the

amendments adopted by the State Parties to the Convention and the

Conference of Parties to the International Convention against Doping

in Sport;

"WADA" means the World Anti-Doping Agency, being a

foundation constituted under the Swiss Civil Code in Lausanne on 10

November, 1999 and any National Anti-Doping Organisation

contracted by WADA.

(1)

Athletes or persons shall be responsible for

knowing what constitutes an anti-doping rule violation and the

substances and methods which have been included in the prohibited

list.

(2) It is each athlete’s personal duty to ensure that no

prohibited substance enters his body. Athletes are responsible for any

prohibited substance or its metabolites or markers found to be present

in their samples. Accordingly, it is not necessary that intent, fault,

negligence or knowing use on the athlete’s part be demonstrated in

order to establish an anti-doping violation under this sub-regulation

and sub-regulations (3) to (6).

(3) Sufficient proof of an anti-doping rule violation under sub-

regulation (2), this sub-regulation and sub-regulations (4) to (6) is

established by either of the following

(a)

presence of a prohibited substance or its

metabolites or markers in the athlete’s A sample where the

athlete waives analysis of the B sample and the B sample is not

analysed; or

(b)

where the athlete’s B sample is analysed and the

analysis of the athlete’s B sample confirms the presence of the

prohibited substance or its metabolites or markers found in the

athlete’s A sample.

(4) The National Anti-Doping Organisation may furthermore,

and in its discretion, choose to have the B sample analysed even if the

athlete does not request the analysis of the B sample.

(5) Apart from those substances for which a quantitative

threshold is specifically identified in the prohibited list, the presence

of any quantity of a prohibited substance or its metabolites or markers

in an athlete’s sample shall constitute an anti-doping rule violation.

(6) As an exception to the general rule of sub-regulations (2)

to (5), the prohibited list or international standards may establish

special criteria for the evaluation of prohibited substances that can

also be produced endogenously.

(7) The success or failure of the use or attempted use of a

prohibited substance or prohibited method is irrelevant. It is sufficient

that the prohibited substance or prohibited method was used or

attempted to be used for an anti-doping rule violation to be

committed.

(8) Refusing, or failing without compelling justification, to

submit to sample collection after notification as authorised in these

regulations or otherwise evading sample collection shall be

prohibited conduct whether such violation of refusing or failing to

submit to sample collection results from intentional conduct of the

athlete or negligent conduct of the athlete. In the case of evasion by

the athlete to submitting himself to sample collection shall be deemed

to be intentional conduct by the athlete.

(9) Violation of applicable requirements regarding athlete

availability for out-of-competition testing set out in the international

standard for testing including failure to provide one’s whereabouts

information in accordance with article 11.3 of the International

Standard for Testing, providing for a ‘Filing Failure’, and failure to be

available for testing at the declared whereabouts in accordance with

article 11.4 of the International Standard for Testing, providing for a

‘Missed Test’. Any combination of three missed tests and, or filing

failures committed within an eighteen-month period, as declared by

the Council, shall constitute an anti-doping rule violation.

(10) Possession by an athlete in-competition of any prohibited

method or any prohibited substance, or possession by an athlete out-

of-competition of any prohibited method or any prohibited substance

which is prohibited in out-of-competition testing unless the athlete

establishes that the possession is pursuant to a TUE granted in

accordance with regulations 5(5) to (8) or other acceptable

justification.

(11) Possession by an athlete support personnel in-competition

of any prohibited method or any prohibited substance, or possession

by athlete support personnel out-of-competition of any prohibited

method or any prohibited substance which is prohibited in out-of-

competition testing, in connection with an athlete, competition or

training, unless the athlete support personnel establishes that the

possession is pursuant to a TUE granted to an athlete in accordance

with regulations 5(5) to (8) or other acceptable justification.

(12) Trafficking or attempted trafficking in any prohibited

substance or prohibited method.

(13) Administration or attempted administration to any athlete

in-competition of any prohibited method or prohibited substance or

administration or attempted administration to any athlete out-of-

competition of any prohibited method, or any prohibited substance

that is prohibited in out-of-competition testing or assisting,

encouraging, aiding, abetting, covering up or any other type of

complicity involving an anti-doping rule violation or any attempted

anti-doping rule violation.

(1)

The ADC and, or, the national associations are

entrusted with the responsibility of establishing whether an anti-

doping rule violation has occurred. The Council shall have its own

disciplinary tribunal for the determination of such violation, which

national associations may avail themselves of if the latter do not have

their own disciplinary tribunal. A violation of these regulations shall

be established if the Council and, or national association can prove to

the satisfaction of the disciplinary tribunal, bearing in mind the

seriousness of the allegation that is made, that any one of the

provisions of regulation 3 has been violated. This degree of proof in

all cases is greater than a mere balance of probability but less than

proof beyond a reasonable doubt. Where these regulations place the

burden of proof upon the athlete or other person alleged to have

committed an anti-doping rule violation to rebut a presumption or

establish specified facts or circumstances, the degree of proof shall be

by a balance of probability, except as provided in articles 10.4 and

6 of the Code where the athlete is bound to satisfy a higher burden

of proof.

(2) Facts related to anti-doping rule violations may be

established by any reliable means, including admissions. The

following regulations of proof shall be applicable in doping cases

(a)

WADA-accredited laboratories are presumed to

have conducted sample analysis and custodial procedures in

accordance with the international standard for laboratory

analysis. The athlete or other person may rebut this presumption

by establishing that a departure from the international standard

occurred which could have reasonably caused the adverse

analytical finding. If the athlete or other person rebuts the

preceding presumption by showing that a departure from the

international standard occurred which could have reasonably

caused the adverse analytical finding, then the ADC or the

national association shall have the burden to establish that such

departure did not cause the adverse analytical finding;

(b)

departures from any other international standard or

other anti-doping rule or policy which did not cause an adverse

analytical finding or other anti-doping rule violation shall not

invalidate such results. If the athlete or other person establishes

that a departure from another international standard or other

anti-doping rule or policy which could reasonably have caused

the adverse analytical finding or other anti-doping rule violation

occurred, then the ADC or the national association shall have

the burden to establish that such a departure did not cause the

adverse analytical finding or the factual basis for the anti-

doping rule violation;

(c)

the facts established by a decision of a court or

professional disciplinary tribunal of competent jurisdiction

which is not the subject of a pending appeal shall be irrebuttable

evidence against the athlete or other person to whom the

decision pertained of those facts unless the athlete or other

person establishes that the decision violated principles of

natural justice; and

(d)

the hearing panel in a hearing on an anti-doping

rule violation may draw an inference adverse to the athlete or

other person who is asserted to have committed an anti-doping

rule violation based on the athlete or other person’s refusal, after

a request made in a reasonable time in advance of the hearing, to

appear at the hearing, either in person or telephonically as

directed by the tribunal, and to answer questions either from the

tribunal or from the ADC or national association asserting the

anti-doping rule violation.

5. (1)

These anti-doping regulations incorporate the Prohibited List.

prohibited list which is published and revised by WADA as described

in article 4.1 of the Code. The Council or its delegated authority will

publish such revised lists in the Government Gazette and further

make the current prohibited list available to each national association,

and each national association shall ensure that the current prohibited

list is available to its registered members.

(2) Unless provided otherwise in the prohibited list and, or a

revision, the prohibited list and revisions that shall go into effect

under these regulations three months after publication of the

prohibited list by WADA without requiring any further action by the

Council. The Council shall also publish the prohibited list and, or

revision and, or updates in the Government Gazette.

(3) For the purposes of the application of sanctions on

individuals, all prohibited substances shall be specified substances

except substances in the classes of anabolic agents and hormones, and

such stimulants and hormone antagonists and modulators so

identified on the prohibited list. Prohibited methods shall not be

specified substances

Provided that in the case WADA expands the prohibited

list by adding a new class of prohibited substances in accordance with

article 4.1 of the Code, WADA’s executive committee shall determine

whether any or all prohibited substances within the new class of

prohibited substances shall be considered specified substances under

article 4.2.2 of the Code.

(4) As provided in article 4.3.3 of the Code, WADA’s

determination of the prohibited substances and prohibited methods

that will be included on the prohibited list and the classification of

substances into categories on the prohibited list is final and shall not

be subject to challenge by an athlete or another person based on an

argument that the substance or method was not a masking agent or did

not have the potential to enhance performance, represent a health risk

or violate the spirit of sport.

(5) Athletes with a documented medical condition requiring

the use of a prohibited substance or a prohibited method must first

obtain a TUE. The presence of a prohibited substance or its

metabolites or markers according to article 2.1 of the Code, use or

attempted use of a prohibited substance or a prohibited method

according to article 2.2 of the Code, possession of prohibited

substances or prohibited methods according to article 2.6 of the Code

or administration of a prohibited substance or prohibited method

according to article 2.8 of the Code consistent with the provisions of

an applicable TUE issued pursuant to the international standard for

TUEs shall not be considered an anti-doping rule violation.

(6) Athletes included by the ADC in its registered testing pool

and other athletes participating in any national event must obtain a

TUE granted or recognised by the Council or its delegated authority.

The application for a TUE must be made as soon as possible, in the

case of an athlete in the registered testing pool this would be when

such athlete is first notified of being included in the pool, and in any

event, save in emergency situations, no later than thirty days before

the athlete’s participation in the event.

(7) The ADC shall delegate such authority to a panel of

specialists to consider requests for TUEs, hereinafter the "TUE

Panel". Upon the Council’s receipt of a TUE request, the Chairman of

the TUE Panel shall appoint one or more members of the TUE Panel,

which may include the Chairman, to consider such request. Any TUE

Panel member so designated shall promptly evaluate such request in

accordance with the international standard for TUEs and forward a

decision on such requests, which shall be the final decision of the

Council or its delegated authority.

(8) WADA, at the request of an athlete or on its own initiation,

may review the granting or denial of any TUE to an international

level athlete or a national level athlete that is included in a registered

testing pool. If WADA determines that the granting or denial of a

TUE did not comply with the international standard for TUEs in force

at the time, WADA may reverse that decision. Decisions on TUEs are

subject to further appeal as provided in regulation 14.

6. (1)

All athletes affiliated with a national association In-competition

shall be subject to in-competition testing by the athlete’s national testing.

association, international federation, the ADC, national organisations

and any other anti-doping organisation responsible for testing at a

competition or event in which they participate. All athletes affiliated

with a national association, including athletes serving to a period of

ineligibility or a provisional suspension, shall also be subject to out-

of-competition testing at any time or place, with or without advance

notice, by the athlete’s national association, international federation,

WADA, the ADC, the national anti-doping organisation of any

country where the athlete is national, resident, licence-holder, or

member of sport organisation, the international olympic committee

during the olympic games, and the international paralympic

committee during paralympic games.

(2) Tests requested by the ADC will be funded by the Council

itself. Other tests carried out in Malta by an international federation

or national association are to be notified to the ADC within forty-

eight hours prior to such tests being carried out and further to notify

the ADC with the results of such tests within seven days from receipt

in writing.

(3) At international events, the collection of the doping control

samples shall be initiated and directed by the international

organisation that is the ruling body for the event. If the international

organisation decides not to conduct any effective testing at such an

event, the ADC may, in coordination with and with the approval of

the international organisation or WADA, initiate and conduct such

testing. At national events, the collection of the doping control

samples shall be initiated and directed by the ADC.

(4) The ADC as authorised by the Council, shall be

responsible for drawing up a test distribution plan in accordance with

article 4 of the international standard for testing, and for the

implementation of that plan, including overseeing all testing

conducted by the Council. Testing may be conducted by members of

the ADC or by other qualified persons so authorised by the Council.

(5) Testing conducted by the ADC shall be in substantial

conformity with the international standard for testing in force at the

time of testing.

(6) Blood or other non-urine samples may be used either to

detect prohibited substances or prohibited methods or for screening

procedure purposes or for longitudinal haematological profiling, also

known as "the passport". If the blood is collected for screening only,

it will have no other consequences for the athlete other than to

identify such athlete for a urine test under these regulations. In these

circumstances, the ADC may decide at its own discretion which

blood parameters are to be measured in the screening sample and

what levels of those parameters will be used to indicate that an athlete

should be selected for a urine test.

(7) The ADC shall report completed tests through the WADA

clearinghouse within fourteen working days to avoid unnecessary

duplication in testing.

(8) The ADC shall maintain a national level registered testing

pool of those athletes who are required to comply with the

whereabouts requirements of the international standard for testing,

and shall publish the criteria for athletes to be included in this

registered testing pool as well as a list of the athletes meeting those

criteria for the period in question. The ADC shall review and update

as necessary its criteria for including athletes in its registered testing

pool, and shall revise the membership of its registered testing pool

from time to time as appropriate in accordance with the set criteria.

Each athlete in the registered testing pool shall

(a)

advice the ADC of his whereabouts on a quarterly

basis, in the manner set out in article 11.3 of the International

Standard for Testing;

(b)

shall update that information as necessary, in

accordance with article 11.4.2 of the International Standard for

Testing, so that it remains accurate and complete at all times;

and

(c)

shall make himself available for Testing at such

whereabouts, in accordance with article 11.4 of the International

Standard for Testing.

(9) An athlete’s failure to advise the ADC of his whereabouts

shall be deemed a filing failure for purposes of article 2.4 of the Code

where the conditions of article 11.3.5 of the International Standard for

Testing are met.

(10) An athlete’s failure to be available for testing at his

declared whereabouts shall be deemed a missed test for purposes of

article 2.4 of the Code where the conditions of article 11.4.3 of the

International Standard for Testing are met.

(11) Each national association shall also assist the ADC in

establishing a national level registered testing pool of top level

national athletes to whom the whereabouts requirements of the

international standard for testing shall also apply.

(12) Whereabouts information provided pursuant to sub-

regulations (8) and (11) shall be shared with WADA and other anti-

doping organisations having jurisdiction to test an athlete in

accordance with articles 11.7.1(d) and 11.7.3(d) of the International

Standard for Testing, including the strict condition that it be used only

for doping control purposes.

(13) An athlete who has been identified by ADC for inclusion

in the Council’s registered testing pool shall continue to be subject to

these regulations, including the obligation to comply with the

whereabouts requirements of the international standard for testing,

unless and until the athlete gives written notice to ADC that he has

retired or until he no longer satisfies the criteria for inclusion in the

ADCs registered testing pool and has been so informed by ADC.

(14) An athlete who has given notice of retirement to ADC may

not compete again unless he or she notifies ADC at least six months

before he expects to return to competition and is available for

unannounced out-of-competition testing, including, if requested,

complying with the whereabouts requirements of the international

standard for testing at any time during the period before actual return

to competition.

(15) International federations and the national associations may

establish similar requirements for retirement and returning to

competition for athletes in the international registered testing pool.

(16) At international events in Malta, the international

federation shall determine the number of finishing placement tests,

random tests and target tests to be performed.

(17) In national events, the ADC shall determine the number of

athletes selected for testing in each competition and the procedures

for selecting the athletes for testing and shall include any athlete who

establishes or breaks a world regional or national record.

(18) In addition to the selection procedures set forth in sub-

regulations (16) and (17), the international federation anti-doping

commission at international events, and the ADC at national events,

may also select athletes or teams for target testing so long as such

target testing is not used for any purpose other than legitimate doping

control purposes.

(19) The ADC shall select athletes for out-of-competition

testing. This process will substantially comply with the international

standard for testing in force at the time of selection.

(20) National associations and the organising committees for

national association events shall provide access to independent

observers at events as directed by the ADC.

7. Doping control samples collected under these regulations

shall be analyzed in accordance with the following principles

(a)

for the purposes of article 2.1 of the Code, the ADC

shall send doping control samples for analysis only to WADA-

accredited laboratories or as otherwise approved by WADA.

The choice of the WADA-accredited laboratory, or other

laboratory or method approved by WADA, used for the sample

analysis shall be determined exclusively by the ADC;

(b)

doping control samples shall be analyzed to detect

prohibited substances and prohibited methods identified on the

prohibited list and other substances as may be directed by

WADA pursuant to the monitoring program described in article

4.5 of the Code or to assist the ADC in profiling relevant

parameters in an athlete’s urine, blood or other matrix, including

DNA or genomic profiling, for anti-doping purposes;

(c)

no sample may be used for any purpose other than

the detection of substances, or classes of substances, or methods

on the prohibited list, other than as described in article 6.2 of the

Code without the athlete’s written consent. Samples used, with

the athlete’s consent, for purposes other than article 6.2 of the

Code shall have any means of identification removed such that

they cannot be traced back to a particular athlete;

(d) laboratories shall analyse doping control samples and

report results in conformity with the international standard for

laboratory analysis; and

(e) a sample may be reanalysed for the purposes described in

article 6.2 of the Code at any time exclusively at the directive of a

national anti-doping organisation or WADA. The circumstances and

conditions for retesting samples shall conform with the requirements

of the international standard for laboratories.

8. (1)

Results management for tests initiated by the ADC, Results

including tests performed by WADA pursuant to agreement with the Management.

ADC, shall proceed as set forth below

(a)

the results from all analyses must be sent to the

ADC in encoded form, in a report signed by an authorized

representative of the laboratory. All communication must be

conducted in such a way that the results of the analysis are

confidential;

(b)

upon receipt of an A sample adverse analytical

finding, the ADC shall conduct a review to determine whether

(i) an applicable therapeutic use exemption has

been granted; or

(ii) there is any apparent departure from the

international standards for testing or laboratory analysis

that undermines the validity of the adverse analytical

finding;

(c)

if the initial review under sub-regulation (1)(b)does

not reveal an applicable therapeutic use exemption or departure

from the international standard for testing or the international

standard for laboratory analysis in force at the time of testing or

analysis that undermines the validity of the adverse analytical

finding, ADC shall promptly notify the athlete and his national

association of

(i)

the adverse analytical finding;

(ii) the anti-doping rule violated, or, in a case

under sub-regulations (1)(h) or (1)(i), a description of the

additional investigation to be conducted as to whether

there is an anti-doping rule violation;

(iii) the athlete’s right to promptly request the

analysis of the B sample or, failing such request, that the B

sample analysis may be deemed waived;

(iv) the scheduled date, time and place for the B

sample analysis if the athlete chooses to request an

analysis of the B sample;

(v) the opportunity for the athlete or the athlete’s

representative to attend the B sample opening an analysis

within the time period specified in the international

standard for laboratories if such analysis is requested; and

(vi) the athlete’s right to request copies of the A

and B sample laboratory documentation package which

includes information as required by the international

standard for laboratories;

(d)

arrangements shall be made for testing the B

sample within three weeks of the notification described in sub-

regulation (1)(c). An athlete may accept the A sample analytical

results by waiting the requirement for B sample analysis. The

ADC may nonetheless elect to proceed with the B sample

analysis;

(e)

the athlete or his representative have the right to be

present at the analysis of the B sample at their own cost. A

representative of the athlete’s national association as well as a

representative of the ADC shall also be allowed to be present

but again at their own cost. The athlete shall be informed of the

laboratory, date and time when the B sample shall be analysed;

(f)

if the B sample proves negative, the entire test shall

be considered negative and the athlete, his national association,

and ADC shall be so informed and the investigation and all

procedures closed;

(g)

if a prohibited substance or the use of a prohibited

method is identified, the findings shall be reported to the athlete,

to the athlete’s national association, ADC, and to WADA;

(h)

the ADC shall conduct any follow-up investigation

as may be required by the prohibited list. Upon completion of

such follow-up investigation, the ADC shall promptly notify the

athlete regarding the results of the follow-up investigation and

whether or not the ADC asserts that an anti-doping rule was

violated; and

(i)

for apparent anti-doping rule violations that do not

involve adverse analytical findings, the ADC shall conduct any

necessary follow-up investigations and shall then promptly

notify the athlete of the anti-doping rule which appears to have

been violated, and the basis of the violation. The national

association shall conduct any investigation within a thirty day

period.

(2) Results management and the conduct of hearings from a

test by the major event organisation shall be managed by the

international federation, apart from sanctions beyond disqualification

from the event or the results of the event.

(3) The national association, after consultation with the ADC,

shall temporarily suspend an athlete prior to the opportunity for a full

hearing based on an adverse analytical finding from the athlete’s A

sample or A and B samples and the review described in sub-

regulation (1). In the eventuality of a negative result after B sample

testing, the suspension shall be automatically lifted and the athlete

allowed to compete forthwith.

(4) Where a provisional suspension is imposed on an athlete,

the athlete shall be given either

(a)

a provisional hearing prior to the imposition of the

provisional suspension; or

(b)

a provisional hearing as soon as possible, within

ten days, after the imposition of the provisional suspension.

Extensions may be granted upon written notification; or

(c)

an expedited hearing as soon as possible after the

imposition of the provisional suspension.

(5) All provisional hearings must be conducted in accordance

with article 8 of the Code.

(6) Where a Provisional Suspension has been imposed in

relation to a doping control officer report or related documentation

showing a possible anti-doping rule violation and the Council

determines, following the athlete’s submission, that there has been no

anti-doping rule violation, then the provisional suspension shall be

rescinded immediately.

(7) If the Council declares that there has been no anti-doping

rule violation, it shall immediately inform the athlete’s international

federation, national association, national anti-doping organisation and

WADA.

(8) If an athlete or other person retires while a results

management process is underway, the anti-doping organisation

conducting the results management process retains competence to

complete its results management process. If an athlete or other person

retires before any results management process has begun, the anti-

doping organisation which would have had results management

competence over the athlete or other person at the time the athlete or

other person committed an anti-doping rule violation, shall have

competence to conduct results management.

9. (1)

When it appears, following the results management

process described in regulation 8, that these regulations have been

violated, the athlete or other person involved shall be brought before

a disciplinary panel of the ADC or of the athlete or other person’s

national association for a hearing to adjudicate whether a violation of

these regulations occurred and if so what consequences should be

imposed. Such hearing process shall respect the following principles

(a)

a decision within a reasonable time;

(b)

a fair and impartial tribunal;

(c)

the right to be assisted or represented by counsel

which expenses are to be incurred by the athlete;

(d)

the right to be informed within a reasonable time of

the alleged anti-doping rule violation;

(e)

the right of reply to the alleged anti-doping rule

violation;

(f)

the right of each party to present evidence,

including the right to call and examine witnesses, subject to the

tribunal’s discretion to accept testimony by telephony or written

submission;

(g)

the athlete’s right to an interpreter at the hearing;

and

(h)

a decision which clearly identifies the basis on

which the conclusion was reached.

(2) The ADC disciplinary panel has the power to hear and

determine all issues arising from any matter which is referred to it

pursuant to these regulations. In particular, the ADC disciplinary

panel has the power to determine the consequences of anti-doping

rule violations to be imposed pursuant to these regulations.

(3) When it appears, following the results management

process described in regulation 8, that these regulations may have

been violated, the ADC shall refer the matter to the disciplinary panel

for adjudication as to whether a violation of these regulations has

occurred and, if so, what consequences should be imposed.

(4) The appointed members of the panel shall have had no

minor involvement in the case. Each member, upon appointment,

shall disclose to the chair any circumstances likely to affect their

impartiality with respect to any of the parties.

10. A violation of these regulations in individual sports in Disqualification

connection with an in-competition test automatically leads to from

competition.

disqualification of the result obtained in that competition with all

resulting consequences, including forfeiture of any medals, points

and prizes.

(1)

An anti-doping rule violation occurring during or Anti-doping rule

in connection with an event may, upon the decision of the ruling body violation.

of the event, lead to disqualification of all of the athlete’s individual

results obtained in that event with all consequences, including

forfeiture of all medals, points and prizes, except as provided in

articles 10.1.1. and 10.1.2 of the Code. Nonetheless, if the athlete

establishes that he bears no fault or negligence for the violation, the

athlete’s individual results in the other competition shall not be

disqualified unless the athlete’s results in competition other than the

competition in which the anti-doping rule violation occurred were

likely to have been affected by the athlete’s anti-doping rule

violation.

(2) The period of ineligibility imposed for a violation of

articles 2.1 2.2 and 2.6 of the Code shall be as follows, unless the

conditions for eliminating or reducing the period of ineligibility, as

provided in sub-regulations (4) and (5), or the conditions for

increasing the period of ineligibility, as provided in sub-regulation

(6), are met, for a first violation two years ineligibility.

(3) The period of ineligibility for violations of these anti-

doping regulations shall be

(a)

for violations of articles 2.3 or 2.5 of the Code, the

ineligibility period shall be two years unless the conditions

provided in sub-regulation (5), or the conditions provided in

article 10.6 of the Code, are met;

(b)

for violations of articles 2.7 or 2.8 of the Code, the

period of ineligibility imposed shall be a minimum of four years

up to lifetime ineligibility unless conditions provided in sub-

regulation (5) are met. An anti-doping rule violation involving a

minor shall be considered a particularly serious violation, and, if

committed by athlete support personnel for specified substances

referenced in regulation 5(3), shall result in lifetime ineligibility

for such athlete support personnel. In addition, significant

violations of such articles, which also violate non-sporting laws

and regulations, shall be reported to the competent

administrative, professional or judicial authorities;

(c)

for violations of article 2.4 of the Code, the period

of ineligibility shall be for a first violation a minimum of one

year to a maximum of two years ineligibility based on the

athlete’s degree of fault.

(4) (a)

Where an athlete or other person can establish how

a specified substance entered his body or came into his possession

and that such specified substance was not intended to enhance the

athlete’s sport performance or mask the use of a performance-

enhancing substance, the period of ineligibility found in sub-

regulation (2) shall be replaced with at a minimum, a reprimand and

no period of ineligibility from future events and, at a maximum, two

years ineligibility for a first violation;

(b)

In order to justify any elimination or reduction, the

athlete or other person shall produce corroborating evidence in

addition to his or her word which establishes to the comfortable

satisfaction of the hearing panel the absence of an intent to

enhance sport performance or mask the use of a performance

enhancing substance. The athlete or other person’s degree of

fault shall be the criteria considered in assessing any reduction

of the period of ineligibility.

(5) Based on exceptional circumstances the following may

eliminate or reduce the period of ineligibility

(a)

if an athlete establishes in an individual case that

he bears no fault or negligence, the otherwise applicable period

of ineligibility shall be eliminated. When a prohibited substance

or its markers or metabolites is detected in an athlete’s sample in

violation of article 2.1 of the Code, the athlete must also

establish how the prohibited substance entered his system in

order to have the period of ineligibility eliminated. In the event

this paragraph is applied and the period of ineligibility

otherwise applicable is eliminated, the anti-doping rule

violation shall not be considered a violation for the limited

purpose of determining the period of ineligibility for multiple

violations under article 10.7 of the Code;

(b)

if an athlete or other person establishes in an

individual case that he bears no significant fault or negligence,

then the period of ineligibility may be reduced, but the reduced

period of ineligibility may not be less than one-half of the

period of ineligibility otherwise applicable. If the otherwise

applicable period of ineligibility is a lifetime, the reduced

period under this paragraph may be no less than eight years.

When a prohibited substance or its markers or metabolites is

detected in an athlete’s sample in violation of article 2.1 of the

Code, the athlete shall also establish how the prohibited

substance entered his system in order to have the period of

ineligibility reduced;

(c)

the national association’s tribunal may prior to a

final appellate decision under regulation 14 or the expiration of

the time to appeal, suspend a part of the period of ineligibility

imposed in an individual case where the athlete or other person

has provided substantial assistance to an anti-doping

organisation, criminal authority or professional disciplinary

body which results in the anti-doping organisation discovering

or establishing an anti-doping rule violation by another person

or which results in a criminal or disciplinary body discovering

or establishing a criminal offense or the breach of professional

regulations by another person. After a final appellate decision

under regulation 14 or the expiration of time to appeal, the

national level reviewing body may only suspend a part of the

applicable period of ineligibility with the approval of WADA

and the applicable international federation. The extent to which

the otherwise applicable period of ineligibility may be

suspended shall be based on the seriousness of the anti-doping

rule violation committed by the athlete or other person and the

significance of the substantial assistance provided by the athlete

or other person to the effort to eliminate doping in sport. No

more than three-quarters of the otherwise applicable period of

ineligibility may be suspended. If the otherwise applicable

period of ineligibility is a lifetime, the non-suspended period

under this section must be no less than eight years. If the

national level reviewing body suspends any part of the period of

ineligibility under this paragraph, it shall promptly provide a

written justification for its decision to each anti-doping

organisation having a right to appeal the decision. If the national

level reviewing body subsequently reinstates any part of the

suspended period of ineligibility because the athlete or other

person has failed to provide the substantial assistance which

was anticipated, the athlete or other person may appeal the

reinstatement pursuant to regulations 14(3) to (7);

(d)

where an athlete or other person voluntarily admits

the commission of an anti-doping rule violation before having

received notice of a sample collection which could establish an

anti-doping rule violation or, in the case of an anti-doping rule

violation other than regulations 3(1) to (6), before receiving first

notice of the admitted violation pursuant to regulation 8 and that

admission is the only reliable evidence of the violation at the

time of admission, then the period of ineligibility may be

reduced, but not below one-half of the period of ineligibility

otherwise applicable;

(e)

before applying any reductions under regulations

11 (5)(b), (c) or (d), the otherwise applicable period of

ineligibility shall be determined in accordance with regulations

11 (2) to (4) and 11(6). If the athlete or other person establishes

entitlement to a reduction or suspension of the period of

ineligibility under two or more of regulations 11 (5)(b) to (d),

then the period of ineligibility may be reduced or suspended, but

not below one-quarter of the otherwise applicable period of

ineligibility.

(6) If the national level reviewing body establishes in an

individual case involving an anti-doping rule violation other than

violations under regulations 3(13) and (14) that aggravating

circumstances are present which justify the imposition of a period of

ineligibility greater than the standard sanction, then the period of

ineligibility otherwise applicable shall be increased up to a maximum

of four years unless the athlete or other person can prove to the

comfortable satisfaction of the hearing panel that he did not

knowingly commit the anti-doping rule violation. An athlete or other

person can avoid the application of this sub-regulation by admitting

the anti-doping rule violation as asserted promptly after being

confronted with the anti-doping rule violation by the national level

reviewing body.

(7) For an athlete or other person’s first anti-doping rule

violation, the period of ineligibility is set forth in regulations 11(2)

and (3), subject to elimination, reduction or suspension under

regulations 11(4) and (5), or to an increase under regulation 11(6).

For a second anti-doping rule violation the period of ineligibility shall

be within the range set forth in the table below

Second Violation

RS

FFMT

NSF

St

AS

First Violation

RS

1-4

2-4

2-4

4-6

8-10

FFMT

1-4

4-8

4-8

6-8

10 to life

NSF

1-4

4-8

4-8

6-8

10 to life

St

2-4

6-8

6-8

8 to life

life

AS

4-5

10 to life

10 to life

life

life

TRA

8 to life

life

life

life

life

For the purposes of the second anti-doping rule violation table

"RS" means reduced sanction for specified substance under

regulation 11(4). The anti-doping rule violation was or should be

sanctioned by a reduced sanction under regulation 11(4) because it

involved a specified substance and the other conditions under

regulation 11(4) were met;

"FFMT" means filing failures or missed tests. The anti-doping

rule violation was or should be sanctioned under regulation 11(3)(c)

providing for filing failures and, or, missed tests;

"NSF" means a reduced sanction for no significant fault or

negligence. The anti-doping rule violation was or should be

sanctioned by a reduced sanction under regulation 11(5)(b) because

no significant fault or negligence under regulation 11(5)(b) was

proved by the athlete;

"St" means a standard sanction under regulations 11(2) or

11(3)(a). The anti-doping rule violation was or should be sanctioned

by the standard sanction of two years under regulations 11(2)

or11(3)(a);

"AS" means an aggravated sanction. The anti-doping rule

violation was or should be sanctioned by an aggravated sanction

under regulation 11(6) because the anti-doping organisation

established the conditions set forth under regulation 11(6);

"TRA" means trafficking and administration. The anti-doping

rule violation was or should be sanctioned by a sanction under

regulation 11(3)(b) for trafficking or administration.

(9) Where an athlete or other person who commits a second

anti-doping rule violation establishes entitlement to suspension or

reduction of a portion of the period of ineligibility under sub-

regulation (5)(c) or (d), the national level reviewing body shall first

determine the otherwise applicable period of ineligibility within the

range established in the table in sub-regulation (8), and then apply the

appropriate suspension or reduction of the period of ineligibility. The

remaining period of ineligibility, after applying any suspension or

reduction under sub-regulations (5)(c) and (d), must be at least one-

fourth of the otherwise applicable period of ineligibility.

(10) A third anti-doping rule violation will always result in a

lifetime period of ineligibility, except if the third violation fulfils the

condition for elimination or reduction of the period of ineligibility

under sub-regulation (4) or involves a violation of regulation 3(9). In

these particular cases, the period of ineligibility shall be from eight

years to a life ban.

(11) For purposes of imposing sanctions under sub-regulations

(7) to (10), a second anti-doping rule violation shall only be

considered a second violation if the ADC or national association can

establish that the athlete or other person committed the second anti-

doping rule violation after the athlete or other person received notice

pursuant to regulation 8, or after the ADC or the national association

made reasonable efforts to give notice, of the first anti-doping rule

violation; if the ADC or the national association cannot establish this,

the violations shall be considered together as one single first

violation, and the sanction imposed shall be based on the violation

that carries the more severe sanction however, the occurrence of

multiple violations may be considered as a factor in determining

aggravating circumstances.

(12) If, after the resolution of a first anti-doping rule violation,

the ADC discovers facts involving an anti-doping rule violation by

the athlete or other person which occurred prior to notification

regarding the first violation, then the ADC shall impose an additional

sanction based on the sanction that could have been imposed if the

two violations would have been adjudicated at the same time. Results

in all competitions dating back to the earlier anti-doping rule

violation will be disqualified as provided in sub-regulations (14) to

(16). To avoid the possibility of a finding of aggravating

circumstances on account of the earlier but later discovered violation,

the athlete or other person must voluntarily admit the earlier anti-

doping rule violation on a timely basis after notice of the violation for

which he or she is first charged. The same rule shall also apply when

the ADC discovers facts involving another prior violation after the

resolution of a second anti-doping rule violation.

(13) For the purposes sub-regulations (7) to (10) each anti-

doping rule violation must take place within the same eight year

period in order to be considered multiple violations.

(14) In addition to the automatic disqualification of the results

in the competition which produced the positive sample under

regulation 10, all other competitive results obtained from the date a

positive sample was collected, whether in-competition or out-of-

competition, or other doping violation occurred, through the

commencement of any provisional suspension or ineligibility period,

shall, unless fairness requires otherwise, be disqualified with all of

the resulting consequences including forfeiture of any medals, points

and prizes.

(15) As a condition of regaining eligibility after being found to

have committed an anti-doping rule violation, the athlete must first

repay all prize money forfeited under this regulation.

(16) Unless the regulations of the international federation

provide that forfeited prize money shall be reallocated to other

athletes, it shall be allocated first to reimburse the collection expenses

of the anti-doping organisation that performed the necessary steps to

collect the prize money back, then to reimburse the expenses of the

anti-doping organisation that conducted results management in the

case, with the balance, if any, allocated in accordance with the

regulations of the international federation.

(17) The period of ineligibility shall start on the date of the

hearing decision providing for ineligibility or, if the hearing is

waived, on the date ineligibility is accepted or otherwise imposed.

Any period of provisional suspension, whether imposed or

voluntarily accepted, shall be credited against the total period of

ineligibility to be served. Where there have been substantial delays in

the hearing process or other aspects of doping control not attributable

to the athlete or other person, the ADC disciplinary panel or the

national association imposing the sanction may start the period of

ineligibility at an earlier date commencing as early as the date of

sample collection or the date on which another anti-doping rule

violation last occurred.

(18) Where the athlete promptly, which in all events means

before the athlete competes again, admits the anti-doping rule

violation after being confronted with the anti-doping rule violation by

the council, the period of ineligibility may start as early as the date of

sample collection or the date on which another anti-doping rule

violation last occurred. In each case, however, where this sub-

regulation is applied, the athlete or other person shall serve at least

one-half of the period of ineligibility going forward from the date the

athlete or other person accepted the imposition of a sanction or the

date of a hearing decision imposing a sanction

Provided that this article shall not apply where the period

of ineligibility already has been reduced under sub-regulation (5)(d).

(19) If a provisional suspension is imposed and respected by the

athlete, then the athlete shall receive a credit for such period of

provisional suspension against any period of ineligibility which may

be ultimately imposed.

(20) If an athlete voluntarily accepts a provisional suspension in

writing from the ADC and thereafter refrains from competing, the

athlete shall receive a credit for such period of ineligibility which

may be ultimately be imposed. A copy of the athlete’s voluntary

acceptance of a provisional suspension shall be provided promptly to

each party entitled to receive notice of a potential anti-doping rule

violation under article 14.1 of the Code.

(21) An athlete’s voluntary acceptance of a provisional

suspension is not an admission by the athlete and shall not be used in

any way as to draw an adverse inference against the athlete.

(22) No credit against a period of ineligibility shall be given for

any time period before the effective date of the provisional

suspension or voluntary provisional suspension regardless of whether

the athlete elected not to compete or was suspended by his team.

(23) No athlete or other person who has been declared

ineligible may, during the period of ineligibility, participate in any

capacity in a competition or activity, other than authorized anti-

doping education or rehabilitation programs, authorised or organised

by any signatory, signatory’s member organisations, including a

national association or a club or other member organisation of a

signatory’s member organisation, organised by any professional

league or any international or national level event organisation. In

addition, for any anti-doping rule violation not involving specified

substances described in sub-regulation (3), the Council and, or

national association may further withdraw or partially deduct its

financial support for the athlete.

(24) A person subject to a period of ineligibility longer than

four years may, after completing four years of the period of

ineligibility, participate in local sport events in a sport other than the

sport in which the person committed the anti-doping rule violation,

but only so long as the local sport event is not at a level that could

otherwise qualify such person directly or indirectly to compete in, or

accumulate points toward, a national event or international event. A

person subject to a period of ineligibility shall remain subject to

testing.

(25) Where an athlete or other person who has been declared

ineligible violates the prohibition against participation during

ineligibility described in sub-regulation (23), the results of such

participation shall be disqualified and the period of ineligibility which

was originally imposed shall start over again as of the date of the

violation. The new period of ineligibility may be reduced under sub-

regulation (5)(b) if the athlete or other person establishes he or she

bears no significant fault or negligence for violating the prohibition

against participation. The determination of whether an athlete or other

person has violated the prohibition against participation, and whether

a reduction under sub-regulation (5)(b) is appropriate, shall be made

by the anti-doping organisation whose results management led to the

imposition of the initial period of ineligibility.

(26) In addition, for any anti-doping rule violation not

involving a reduced sanction for specified substances as described in

sub-regulation (4), some or all sport-related financial support or other

sport-related benefits received by such person will be withheld by any

signatory, signatory member or members, including a national sports

federation, and governments.

(27) As a condition to regaining eligibility at the end of a

specified period of ineligibility, an athlete shall, during any period of

provisional suspension or ineligibility, be available for out-of-

competition testing by the International Federation, the ADC, and any

other anti-doping organisation having testing jurisdiction, and must

provide current and accurate whereabouts information as provided in

regulations 6(8) to (12). If an athlete subject to a period of

ineligibility retires from sport and is removed from out-of-

competition testing pools and later seeks reinstatement, the athlete

shall not be eligible for re-instatement until the athlete has notified

ADC and the applicable national association and the athlete has been

subject to out-of-competition testing for a period of time equal to the

longer of the period set forth in regulations 6 (13) to (15) or the period

of ineligibility remaining as of the date the athlete had retired. During

such remaining period of ineligibility, a maximum of three tests may

be conducted on the athlete at the athlete’s expenses, with at least

three months between each test. The ADC shall be responsible for

conducting the necessary tests, but tests by any anti-doping

organisation may be used to satisfy the requirement. In addition,

immediately prior to the end of the suspension period, an athlete must

undergo testing by ADC for the prohibited substances and methods

for out-of-competition testing. Once the period of an athlete’s

suspension has expired, and the athlete has fulfilled the conditions of

reinstatement, then the athlete shall become automatically re-eligible

and no application by the athlete or by the athlete’s national

association will then be necessary.

(1)

Where more than one member of a team in a team

sport has been notified of a possible anti-doping rule violation under

regulation 8 in connection with an event, the ruling body for the event

shall conduct appropriate target testing of a team during the event

period. If more than two members of a team in a team sport are found

to have committed an anti-doping rule violation during or an event

period, the ruling body of the event shall impose an appropriate

sanction on the team, including but not exclusively sanctions such as

loss of points, disqualification from a competition or event, in

addition to any consequences imposed upon the individual athlete or

athletes committing the anti-doping rule violation.

(2) The ruling body for an event may elect to establish

regulations for the event which impose consequences stricter than

those in sub-regulation (1) for the purposes of the event.

(1)

The Council has the authority to withhold partially,

or in whole, funding or other non financial support to national

associations and any other sporting bodies over which it has authority

that do not endorse and comply with these regulations.

(2) The Council may elect to take additional disciplinary

action against national associations with respect to recognition, the

eligibility of its officials and athletes to participate in national events

and fines based on the following

(a)

four or more violations of these regulations, other

than violations involving regulations 3(10) and 11(3), are

committed by athletes or other persons affiliated with a national

association within a twelve month period in testing conducted

by the international federation or by the anti-doping

organisations including the ADC. In such event the Council

may at its discretion elect to ban all officials from that national

association from participation in any international federation

activities for a period of up to two years

If four or more violations of these regulations, other than

violations involving regulations 3(10) and 11(3), are committed

in addition to the violations by athletes or other persons

affiliated with a national association within a twelve month

period in testing conducted by international federations or anti-

doping organisations including the ADC, then the Council may

suspend that national association’s membership for a period of

up to four years;

(b)

more than one athlete or other person from a

national association commits an anti-doping rule violation

during an international event. In such event the council at its

discretion may withhold any assistance proposed or already

committed to the national association involved; and

(c)

a national association has failed to make diligent

efforts to keep the ADC informed about an athlete’s

whereabouts after receiving a request for that information from

the ADC. In such event the Council at its discretion may

withhold any assistance proposed or already committed to the

national association involved, in addition to all of the ADCs

costs incurred in testing that national association’s athletes.

(1)

Decisions made under these regulations may be Appeal from

appealed as set forth in this regulation or as otherwise specified in the decisions

under these

Code. Such decisions shall remain in effect while under appeal unless regulations.

the appellate body orders otherwise. Before an appeal is filed,

tribunal proceedings outlined in regulation 9 shall be completed.

(2) Where WADA has a right to appeal under this regulation

and no other party has appealed a final decision within the Council’s

process, WADA may appeal such decision directly to CAS without

having to exhaust other remedies in the Council’s process.

(3) A decision that an anti-doping rule violation was

committed, a decision imposing consequences for an anti-doping rule

violation, or a decision that no anti-doping rule violation was

committed, a decision that an anti-doping rule violation proceeding

cannot go forward for procedural reasons; a decision under

regulations 11(23) to (26); a decision that an anti-doping organisation

lacks jurisdiction to rule on an alleged anti-doping rule violation or its

consequences, a decision by any national federation not to bring

forward an adverse analytical finding or an atypical finding as an

anti-doping rule violation, or a decision not to go forward with an

anti-doping rule violation after an investigation under article 7.4 of

the Code; and a decision to impose a provisional suspension as a

result of a provisional hearing or otherwise in violation of regulations

8(3) to (7) may be appealed exclusively as provided in sub-

regulations (3) to (7). Notwithstanding any other provision herein, the

only person that may appeal from a provisional suspension is the

athlete or other person upon whom the provisional suspension is

imposed.

(4) In cases arising from competition in an international event

or in cases involving international-level athletes, the decision may be

appealed exclusively to CAS in accordance with the provisions

applicable before such court.

(5) In cases involving national-level athletes that do not have a

right to appeal under sub-regulation (4), the ADC or the national

association shall have in place an appeal procedure that respects the

principles outlined in regulation 9. The international federation’s

right of appeal with respect to these cases are set forth in sub-

regulation (6).

(6) In cases under sub-regulation (4), the athlete or other

person who is the subject of the decision being appealed; the other

party to the case in which the decision was rendered; the ADC, and

the relevant international federation; the national anti-doping

organisation of the person’s country of residence or countries where

the person is a national or license holder; the international olympic

committee or international paralympic committee, as applicable,

where the decision may have an effect in relation to the olympic

games, including decisions affecting eligibility for the olympic games

or paralympic Games; and WADA are the parties having the right to

appeal to the CAS.

(7) In cases under sub-regulation (5), the parties having the

right to appeal to the national-level reviewing body shall be as

provided in the national association’s regulations but, at a minimum,

shall include the athlete or other person who is the subject of the

decision being appealed; the other party to the case in which the

decision was rendered; the ADC and the international federation; the

national anti-doping organisation of the person’s country of residence

or countries where the person is a national or license holder; and

WADA

Provided that for cases under sub-regulation (5), WADA

and the international federation shall also have the right to appeal to

the CAS with respect to the decision of the national-level reviewing

body.

(8) Where, in a particular case, the Council fails to render a

decision with respect to whether an anti-doping rule violation was

committed within a reasonable deadline set by WADA, WADA may

elect to appeal directly to CAS as if the Council had rendered a

decision finding no anti-doping rule violation. If the CAS panel

determines that an anti-doping rule violation was committed and that

WADA acted reasonably in electing to appeal directly to CAS, then

WADA’s costs and attorneys fees in prosecuting the appeal shall be

reimbursed to WADA by the Council.

(9) Decisions by the Council denying TUEs, which are not

reversed by WADA, may be appealed exclusively to CAS by the

international-level athlete or to the national anti-doping appeal panel

where the athlete is not an international-level athlete. If the national

anti-doping appeal panel reverses the decision to deny a TUE, that

decision may be appealed to CAS by WADA. The national anti-

doping appeal panel considering an appeal under this sub-regulation

will not include members of the TUE Committee.

(10) Decisions by WADA reversing the grant or denial of a

TUE may, subject to the regulations of CAS, be appealed exclusively

to CAS by the athlete or the Council.

(11) When the Council fails to take action on a properly

submitted TUE application within a reasonable time, its failure to

decide may be considered a denial for purposes of the appeal rights

provided in this sub-regulation.

(12) Decisions by the Council pursuant to regulation 13 may be

appealed exclusively to CAS by the national association.

(13) The time to file an appeal to CAS shall be twenty-one days

from the date of receipt of the decision by the appealing party.

Nonetheless the following shall apply in connection with appeals

filed by a party entitled to appeal but which was not a party to the

proceedings having led to the decision subject to appeal

(a)

within ten days from notice of the decision, such

party or parties shall have the right to request from the body

having issued the decision a copy of the file on which such body

relied; and

(b)

if such a request is made within the ten-day period,

then the party making such request shall have twenty-one days

from receipt of the file to file an appeal to CAS.

The time limit for the filing of an appeal or intervention filed by

WADA shall be the later of twenty-one days after the last day on

which any other party in the case could have appealed or twenty-one

days after WADA’s receipt of the complete file relating to the

decision.

(1)

All national sport associations shall comply with Compliance

these regulations. These regulations shall also be incorporated either with

regulations.

directly or by reference into each national association’s regulations.

All national associations shall include in their regulations the

procedural regulations necessary to effectively implement these anti-

doping regulations. Each national association shall obtain the written

acknowledgement and agreement, in the form attached as Schedule 1,

of all athletes subject to doping control and athlete support personnel

for such athletes. Notwithstanding whether or not the required form

has been signed, the regulations of each national association shall

specifically provide that all athletes, athlete support personnel and

other persons under the jurisdiction of the national association shall

be bound by these regulations.

(2) As a condition of receiving financial or other assistance

from the government of Malta and, or the Council, national

associations shall accept and abide by the spirit and terms of the

national anti-doping programme and these regulations, including the

application of its sanctions to individuals, and shall respect the

authority of, and co-operate with the Council and the hearing bodies

in all anti-doping matters which are not governed by the regulations

of the relevant international federation in accordance with the Code.

(3) When a national association has received an adverse

analytical finding on one of its athletes it shall report the following

information to the international federation and WADA within

fourteen days of the process described in regulations 8 (1)(b) and (c)

the athlete’s name, country, sport and discipline within the sport,

whether the test was in-competition or out-of-competition, the date of

sample collection and the analytical result reported by the laboratory.

The national association shall also regularly update the ADC, the

international federation and WADA on the status and findings of any

review or proceedings conducted pursuant to regulations 8, 9 or 14,

and comparable information shall be provided to the ADC, the

international federation and WADA within fourteen days of the

notification described in regulation 8(1)(i), with respect to other

violations of these regulations. In any case in which the period of

ineligibility is eliminated under regulation 11(5)(a) or reduced under

regulation 11(5)(b), the ADC, the international federation and WADA

shall be provided with a written reasoned decision explaining the

basis for the elimination or reduction.Neither the ADC, the

international federation, nor WADA shall disclose this information

beyond those persons within their organisations with a need to know,

until the national association has made public disclosure or has failed

to make public disclosure as required in sub-regulation (8).

(4) The Council shall promptly report any TUE granted to an

athlete, except those athletes not in the registered testing pool, to the

applicable international federation, to the athlete’s national sports

federation and to WADA.

(5) The Council shall submit to WADA current athlete

whereabouts information. WADA shall make this information

accessible to other anti-doping organisations having authority to test

the athlete.

(6) The Council shall report all in-competition and out-of-

competition tests to WADA as soon as possible after such tests have

been conducted.

(7) This information shall be maintained in strict confidence at

all times; shall be used exclusively for purposes of planning, co-

ordinating or conducting testing and shall be destroyed after it is no

longer relevant for these purposes.

(8) The ADC and national associations shall not publicly

identify athletes whose samples have resulted in adverse analytical

findings, or who were alleged to have violated other articles of these

regulations until it has been determined in a hearing in accordance

with regulation 9 that an anti-doping regulation violations has

occurred, or such hearing has been waived, or the assertion of an anti-

doping rule violation has not been timely challenged or the athlete has

been provisionally suspended. Once a violation of these regulations

has been established, it shall be publicly reported within twenty days.

(9) Any decision by the international federation or a national

association regarding a violation of these regulations shall be

recognized by all national associations, which shall take all necessary

action to render such results effective.

(10) The Council shall publish annually, a general statistical

report of its doping control activities during the calendar year with a

copy provided to WADA.

Subject to the right to appeal provided in regulation 14, the Recognition of

testing, TUEs and hearing results or other final adjudications of any testing etc.

signatory to the Code which are consistent with the Code and are

within the signatory’s authority, shall be recognised and respected by

the ADC and the national associations. The ADC and the national

associations may recognise the same actions of other bodies which

have not accepted the Code if the regulations of those bodies are

otherwise consistent with the Code.

No action may be commenced under these regulations Prescriptive

against an athlete or other person for a violation of an anti-doping rule period.

contained in these regulations unless such action is commenced

within eight years from the date the violation occurred.

The ADC will report to WADA on the Council’s Biannual report.

compliance with the Code every alternate year and shall explain

reasons for any non-compliance.

(1)

The Council may from time to time issue

commentaries and guidelines referring to these regulations.

(2) Schedule 1 shall be considered integral parts of these

regulations.

(3) These regulations have been adopted pursuant to the

applicable provisions of the Code and shall be interpreted in a manner

that is consistent with applicable provisions of the Code. The

comments annotating various provisions of the Code shall be used to,

where applicable, assist in the understanding and interpretation of

these regulations.

(4) These regulations shall not apply retrospectively to matters

pending before the date these regulations came into effect.